The decision not to charge the shooters in two deadly killings over the last week has a segment of the community scratching their heads.
Channel Six News spoke with Douglas County Attorney Don Kleine about how he came to the decision to not charge the two men suspected of shooting and killing two men.
“We don't jump to conclusions,” Kleine said. “We don't want to charge people that shouldn't be charged.”
It's as simple as that. Kleine said in both cases, the decision wasn't tough.
Last week, Kevin McIntyre was shot and killed. The man suspected of shooting him was not charged. He turned himself in to Omaha Police and Kleine determined the evidence showed the shooting was justified.
This past weekend, Craig Brown was also shot and killed. Again, Kleine determined the shooter was justified in his actions.
Kleine said evidence in both cases showed the shooters were about to become victims. He said two guns were recovered at each homicide scene.
That's not what some people in the community want to hear.
“Don Kleine's office should be ashamed of itself,” a woman who knew Kevin McIntyre told Channel 6 news.
“What we look at is what can we prove beyond a reasonable doubt. not maybe, or possibly or whatever and in the cases that we're talking about there wasn't much of a question that we couldn't prove they weren't justified beyond a reasonable doubt and certainly there was evidence of justification in both cases,” Kleine said.
But new evidence could still come to light and additional charges could be filed. For now, if the evidence shows the shooters were defending themselves, according to the law, their actions could be justified Kleine said.
Still, it's not a decision he takes lightly.
“When you have the power to put somebody in jail to take away their liberty take away their freedom to have them face a sentence of life imprisonment you want to make sure that you are doing the right thing when you do that,” he said.
Kleine understands the emotions families have when a loved one is taken from them.
“My brother was took for no reason,” McIntyre's younger brother Leo Duncan said.
“I certainly understand that the public wants answers and I believe they deserve answers,” Kleine said. “But sometimes the answer isn't there immediately.”
And for some, the waiting is the hardest part.
Kleine said he usually invites victim's families into discuss the evidence and why certain charges are filed or not.
He adds that it is important for those holding any information to come forward to insure the proper charges are filed.