No charges will be filed against an Omaha businessman for firing his gun at a fleeing robber during a hold-up at Omaha's Hamilton Outlet Tobacco store in December.
Douglas County Attorney Stu Dornan has reviewed the case and has decided not to charge the store owner David Kline.
The incident happened at 41st and Orchard Lane on December 20 and an employee of the store, Sham Journey, was shot to death.
Police arrested Omari S. Manuel and Herbert Elliott Jr. in the case but the owner of the store, David Kline, also fired a weapon.
Kline told investigators the fleeing suspect pointed a gun at him and said, "I'm going to kill you."
Prosecutors say that statement and the gun pointed at David Kline made his shots self defense.
Drugs Found In Store
The decision on not filing any charges took a considerable amount of time because of a twist in the investigation.
Court documents obtained by Channel 6 News reveal that when police went into the Hamilton Outlet Tobacco store they found, two cigar boxes with green leafy substances; a black box with a white powder substance; nine sandwich bags containing a green leafy substance and a sealed bag of possible mushrooms. Tests proved all were drugs.
Douglas County Attorney Stu Dornan says, "You had two separate investigations here. You had the initial investigation surrounding the robbery. And then incidental to the robbery investigation you had a search warrant where narcotics were found."
While the drugs were proof of a crime they couldn't be linked to any one person. Several people had access to the shop.
Dornan says, "There was no evidence that linked those narcotics to any individual."
That means there are no drug charges being filed in connection with this case.