OMAHA, Neb. (AP) — 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.

Prosecutor says Omaha officer was justified in fatally shooting fleeing man | iNFOnews.ca — Rev. Portia Cavitt, right, speaks during a news conference in response to the shooting death of Steven Phipps Jr., 22, by police, Wednesday, Oct. 2, 2024, at Clair Memorial United Methodist Church in Omaha, Neb.(Nikos Frazier/Omaha World-Herald via AP)

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