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No charges: County attorney decides OPD officer's fatal actions were legal

Officer Adam Vail was part of a SWAT team serving a search warrant on August 28 when he fired one shot. Cameron Ford, 37, was killed. He was not holding a gun at the time.
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OMAHA, Neb. (KMTV) — Douglas County Attorney Don Kleine says he will not file criminal charges against an Omaha police officer who fatally shot an unarmed man while serving a no-knock warrant.

  • Officer Adam Vail was part of the team serving a search warrant on August 28.
  • He fired the shot that killed 37-year-old Cameron Ford because, Kleine said, Vail was "in fear for his life and his fellow officers."
  • Investigators say a loaded gun and drugs were found in the home, though Ford was not holding a gun when he was shot.

Continue reading for 3 News Now's Molly Hudson's reporting, as seen on-air.
It's been just over a week since an OPD officer shot and killed a man while serving a warrant. Douglas County Attorney Don Kleine decided the officer's actions were legal.

"Based on the evidence as we know it to be and the law of the use of deadly force in the state of Nebraska, we find that the use of deadly force by OPD Officer Vail was legal," Kleine explained.

He said that he and his investigative team reviewed the evidence - including body camera video, interviews, a diagram of the house, and they're aware of what led up to the warrant authorized by the court.

"I think it is reasonable to believe that under the circumstances that he had and what he was doing that day that he thought I need to protect myself and my fellow officers," Kleine added.

Because the body camera worn by officers including Vail was partially blocked by body shields, Kleine said he had to rely on Vail's and other officers' accounts of what happened.

Community activist D'Shawn Le'Vell was outside Kleine's office as he announced his decision.

"Today is definitely a miscarriage of justice. I feel Don Kleine has come out far too early in this case to make statements," Le'Vell told Hudson, who asked Kleine about the timing of his conclusions and how this case compares to others.

"We had all the evidence that we could possibly get at this point and I didn't want to sit on this any longer," he replied.

The case will go to a grand jury for review per Nebraska law.

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