OMAHA, Neb. — The Douglas County Attorney has opted not to prosecute an Omaha police officer involved in the fatal shooting of a Nebraska man who was armed at the time of the incident. Prosecutor Don Kleine announced on Monday that Officer Noah Zendejas’ actions were deemed justified in the shooting of Steven Phipps, who was shot eight times while attempting to flee.
During a briefing, law enforcement officials presented visual evidence, including video and photographs, detailing the events from September 28, when Phipps was stopped for expired license plates. After the stop, he fled and attempted to climb a chain-link fence. Body camera footage captured Phipps falling head-first from the fence while holding a firearm in his right hand.
Kleine explained in a statement that Phipps’ actions of brandishing a firearm at a traffic stop and his failure to obey officer commands, along with the gun’s barrel being directed toward the officers, justified the use of deadly force by the officer. This ruling has sparked disappointment among community members advocating for accountability following Phipps’ death, especially in light of another recent police-involved fatality. Family members of both Phipps and another victim, Cameron Ford, participated in a community meeting to voice their concerns about ongoing police violence.
“It’s heartbreaking, but we’re not shocked,” stated Angela Phipps, the aunt of the deceased, in reaction to the prosecutor’s announcement. Following the community meeting, two of Angela Phipps’ relatives were apprehended by police for outstanding felony warrants, one of whom was allegedly carrying a weapon.
Omaha Police Chief Todd Schmaderer acknowledged the possibility that Phipps’ gun could have inadvertently been aimed at the officers as he fell, but questioned why Phipps retained possession of the firearm during the encounter. Schmaderer noted that Officer Zendejas expressed worry about the potential danger posed to a nearby public transit stop, affirming that the officers adhered to departmental protocols.
In a separate incident last month, Schmaderer terminated another officer involved in the shooting of Cameron Ford, who was unarmed when the officer executed a no-knock warrant, a practice now suspended in Omaha. Officer Adam Vail was part of a SWAT team executing a search warrant in connection with a drug and firearms investigation when he fatally shot Ford. Vail contended that Ford charged at him without showing his hands.
Though Kleine chose not to file charges against Vail, Chief Schmaderer revealed that an internal review found Vail had breached department policies during the incident. Angela Phipps remarked, “Cameron or Steven, they weren’t the first and they surely won’t be the last, especially at this rate of no accountability for officers.”
While Omaha has experienced a historically low number of police shootings, this trend has been rising in recent years as the police department has seized an increasing number of firearms, reaching a record high of 1,468 in 2023. This year alone, there have already been five police shootings, four of which were deadly. Back in 2010, there were 11 police shootings, with six being fatal, but that number declined in subsequent years until the count reached just one in 2019. Unfortunately, the figure has been on the rise ever since.
