OMAHA, Neb. (AP) — Omaha’s police chief said Wednesday that an officer followed protocol when he shot a fleeing, armed Nebraska man eight times this weekend, killing him.

Steven Phipps, 22, is the second Black man killed by an Omaha officer in the past two months.

Omaha police Chief Todd Schmaderer told reporters police pulled Phipps over for expired plates during a traffic stop Saturday when he ran away. Two officers chased him. Schmaderer said Phipps had a gun, which he legally owned, as he scaled a fence.

The firearm was pointed at Officer Noah Zendejas as Phipps fell from the fence, police said. Zendejas, who has worked for Omaha police for three years, then shot Phipps.

Schmaderer said Zendejas first spotted a heavy weight in Phipps’ hoodie as he ran.

Asked by reporters Wednesday whether Phipps’ gun was accidentally pointed at officers because he was falling, Schmaderer said that is “entirely possible.” But he questioned why Phipps still had possession of the gun and had not thrown it to the side. Schmaderer said Zendejas was also concerned about the risk to a public transit stop nearby.

“We really don’t know what Mr. Phipps’ intent was,” Schmaderer said. “But when that gun started to be pointed to him and he had it in his hand, that officer’s authorized at that point to defend himself.”

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Zendejas has not previously been disciplined for violating use-of-force policies, spokesperson Lt. Neal Bonacci said.

Police said an autopsy shows Phipps was not shot in the back. A copy of the autopsy was not immediately provided to reporters.

Douglas County Attorney Don Kleine will review the investigation and decide whether to file charges, and the shooting will later be reviewed by a grand jury under Nebraska law. Kleine’s office did not immediately say when he will announce his decision on any charges.

“I’m so broken that I don’t know what to say. It was just wrong. It was wrong,” Steven Phipps’ aunt, Gail Phipps, said.

Schmaderer last month fired another officer who fatally shot an unarmed man while serving a no-knock warrant, a policy that has since been suspended in the city.

Omaha Police Officer Adam Vail was part of a SWAT team serving the search warrant during a drug and firearms investigation Aug. 28 when he fired the single shot that killed 37-year-old Cameron Ford, prosecutors said. Vail said Ford, who was Black, charged at him without his hands visible.

Kleine declined to charge the officer. But Schmaderer said an internal investigation found Vail violated department procedures.

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Ballentine reported from Jefferson City, Missouri.

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