Omaha Police Chief Todd Schmaderer said Wednesday he recommended that Officer Adam Vail be terminated for violating the department’s polices in the shooting death of Cameron Ford.
Vail, a member of the department’s SWAT team, shot and killed Ford, 37, during the execution of a no-knock search warrant at Omaha’s Ford’s home on Aug. 28. Ford was unarmed.
“I have determined that the actions of Officer Adam Vail were in violation of our department’s policies, procedures, and training. As such, his employment with the OPD has been recommended for termination. Officer Vail will be afforded the right to a pre-termination hearing with the Human Resources Director, who will then issue a finding of concurrence or opposition to my recommendation,” Schmaderer said in a statement. “During the course of the investigation, I did not see or uncover any criminal intent on the part of Officer Vail. Nonetheless, I cannot ignore my determination that policy and procedure violations occurred.”
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Schmaderer said he based his recommendation on the findings of a “comprehensive and thorough” internal affairs investigation, which is separate from a criminal investigation and a grand jury investigation.
Omaha Mayor Jean Stothert said she backed Schmaderer’s decision.
“Chief Schmaderer has earned community trust by making thoughtful and appropriate decisions after incidents involving Omaha police officers,” Stothert said in a statement Wednesday. “The internal investigation that followed the no-knock warrant and death of Mr. Ford was thorough and fair.”
According to police, Vail has been in law enforcement for 17 years and with the Omaha Police Department for more than six years. He has been involved in serving 122 high-risk search warrants during his time on the SWAT team. Vail had been placed on desk duty pending the results of the investigation.
What happened before and after the shooting?
At 7 a.m. on Aug. 28, Vail and other officers with the department’s SWAT team and at least one agent with the Drug Enforcement Administration descended on Ford’s home near 78th and Redick Avenues. Ford was the only person in the home at the time.
After breaching the door shortly before 7:01 a.m., according to time stamps on still photos provided by police, Vail and two other officers preceded up the stairs of the split-level home. The stairs were directly in front of the front door, and they led to a narrow hallway — less than 3 feet wide — to the master bedroom.
As they climbed the stairs and approached the bedroom, Vail and other officers can be heard yelling “police search warrant” repeatedly. Vail announced “police search warrant” five times as he led the single-file line down the hallway.
About 11 seconds after they entered the home, Vail begins to say “police search warrant” for a sixth time. He got out only the first word before firing a single shot at Ford, who had appeared in the doorway of the master bedroom.
“Oh, (expletive),” Vail is heard saying immediately after the shot was fired.
Ford was taken to a hospital with CPR in progress, but he died shortly after arrival. The bullet severed his spinal cord, Schmaderer said in the days after the shooting, and likely paralyzed Ford on impact.
Schmaderer and Douglas County Attorney Don Kleine said the investigation preceding the no-knock warrant related to Ford’s alleged fentanyl dealing. Ford was also believed to be in possession of a firearm, which he was barred from having because he had felony convictions.
After Ford’s killing, officers searched his home and found both powder fentanyl and blue M30 pills containing fentanyl, as well as cash and marijuana, police said. An AR-15 semiautomatic pistol was found underneath Ford’s bed.
Schmaderer had shared still photos and audio captured by Vail’s body camera. But the images were obscured by a ballistic shield.
Vail was voluntarily interviewed on the evening of Aug. 30. The recording of the interview was given to the County Attorney’s Office, Kleine said.
During the interview, according to Schmaderer and Kleine, Vail told investigators that Ford “charged” or “rushed” at him from the doorway and Vail said he could not see Ford’s hands.
No Douglas County charges
Kleine announced Sept. 5 that his office would not press charges against Vail and said Vail had a reasonable belief that his safety was at risk. Under Nebraska law, deadly force is justified if a “reasonable ground” existed for the person to believe that they were at risk of death or serious bodily harm, even if they were mistaken about the extent of the danger.
Kleine said at the time that Ford should have announced his presence.
“If you see armed police officers in gear in your house, screaming ‘police officers, search warrant,’ I would think the first thing you would do is say, ‘Hey, I’m right here,’” Kleine said.
After Kleine’s decision not to charge Vail, North Omaha leaders and members of Ford’s family called for a special prosecutor to conduct an independent investigation into Ford’s death.
As is required by state law, a grand jury will be empaneled in the coming months to review the facts of the case. It will hear testimony from witnesses and have access to all evidence.
If the grand jury finds that Vail or anyone else is criminally liable for Ford’s death, it can hand down an indictment, called a “true bill.”
After Ford’s death, Deputy Chief Scott Gray said the Police Department had suspended the use of standard entry, or limited penetration, no-knock warrants pending a full review and assessment of best practices. Schmaderer also said members of the SWAT team will now have body cameras affixed to their helmets instead of their uniforms to avoid another situation where footage is obscured by ballistic shields.
Photos: Omaha police investigating after man killed while serving search warrant
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