Following an Internal Affairs Investigation, Omaha Police Chief Todd Schmaderer has accepted the resignation of Officer Alvin Lugod. Lugod discharged his weapon after a reported robbery at Family Dollar on February 23rd, killing the suspect, Daniel Elrod.
The resignation comes two weeks after a grand jury found no criminal wrongdoing in the shooting.
"Even though he was exonerated by the grand jury that only meant that they weren't going to file criminal charges against him. It didn't mean there weren't serious violations of departmental policy," said James Martin Davis, attorney for Elrod's family.
Davis said Elrod's wife, Amanda, has not yet decided to file a lawsuit against the city and he will not recommend that they do so until they see the video evidence shown to the grand jury. He said they also want to see the recent mental evaluation completed on Elrod which could support the "suicide by cop" theory by police.
The lawsuit would be filed with federal court as a civil rights case against the city and against Officer Lugod.
"It's the second officer-involved shooting that involved this officer. And this time this officer shot an unarmed man and shot him in the back three times," said Davis.
At a news conference detailing the timeline last month, Omaha Police Chief Todd Schmaderer said the entire one minute and 38 second incident was captured on police cruiser camera. He said he found no criminal wrongdoing in Elrod's decision to fire.
"I can say it does not appear to be criminal from my vantage point as Lugod spent one minute 38 seconds with Elrod, while Elrod repeatedly went into his waist band in a threatening manner; along with a statement he had a gun and shoot me," said Chief Schmaderer.
Elrod was shot just minutes after police said he held up the Family Dollar near 13th and Hickory on February 23rd. Elrod then ran down 13th Street. Officers said Elrod then told them he had a gun. They said he refused to follow their commands to show his hands and to get onto the ground.
Police said when Elrod put his hand in his waistband and attempted to climb a nearby fence, Officer Lugod fired his weapon as he was in a "mid-air leap." Elrod was taken to the hospital where he later died.
An investigation revealed Elrod was not armed.
Davis asked to see the full police cruiser camera video and surveillance video from Family Dollar, which has not been made available to the public. He said County Attorney Don Kleine will hand over some of that evidence on April 2nd.
"You see all the time police camera videos released shortly after an arrest or shortly after an incident, there isn't any valid reason why the public shouldn't have access to these videos," said Davis, referring to other districts around the country.
He said he plans to "suggest" to Mayor Jean Stothert that police make the findings of the Internal Affairs Investigation public as well to encourage transparency.
"By not disclosing it, it seems like a cover-up and it erodes the trust of the public and we need to trust our police officers," said Davis.
Mayor Stothert said the decision to release the video is up to the Chief. She said she supports his decision not to do so.
The exact reason for the resignation will likely not be made public. That is due to a strong union contract for Omaha Police Officers, that does not require reason for resignation to be released.
Davis, however, said this is not legal. He said a reason for resignation that came after an internal police investigation should be made public. He stressed it should especially be made public because Officer Lugod was involved in 2 shootings in 30 months.
WOWT 6 News reached out to the Union president and Lugod for comment. As of Tuesday, neither have made comment.