Chief Schmaderer To Review No-Knock Warrant Policies

(September 2, 2024)

Omaha Police Chief Todd Schmaderer will review several Omaha Police Department policies following a fatal shooting during the service of a no-knock search warrant last week.

The Omaha Police Gang Investigations Unit and Swat Team were serving a court-authorized search warrant for fentanyl and weapons at a house near 78^th and Redick, part of an illegal narcotics distribution investigation. Omaha Police Swat Team Officer Adam Vail shot Cameron Floyd during service of the warrant. Floyd was not armed when Vail fired a single shot, killing him. Ford was alone in the house when police entered.

"The Omaha Police Department takes great concern and diligence of every officer-involved shooting. Any time a branch of government is responsible for the death of a citizen, a full accounting must take place," said Chief Schmaderer. The Nebraska State Patrol and Douglas County Sheriff's Office have assisted with the investigation.

Chief Schmaderer and Mayor Jean Stothert offered condolences to the Ford family and pledged a transparent investigation, "Chief Schmaderer has an established record of thoroughness, accuracy and accountability. This investigation will be no different. I have the utmost confidence in the Chief." She thanked the investigation team for collecting and documenting the evidence in a clear and transparent manner.

Chief Schmaderer reviewed the incident with video and audio from officers' body-worn cameras. Officer Vail's camera was obscured by the shield Swat officers carry. The camera did however, record the audio.

The recording shows Officer Vail was the first officer to enter the house. As he went up the stairs and down the hall, officers shouted "Omaha Police search warrant" six times, followed by the single shot, then Officer Vail calling "shots fired shots fired". Officers also announced the search warrant outside the house multiple times before they entered.

In a subsequent interview with the Omaha Police Officer Involved Investigations team, Vail said Ford charged out of the bedroom and did not respond to the swat team commands. Vail said he could not see Ford's hands and described a life-threatening situation.

After the incident, police found an AR-15 style pistol loaded with 31 live rounds, fentanyl powder and pills, more than $2,000 cash, narcotics sales equipment, and exterior surveillance cameras.

Prior to the public release of the incident photos and chronology, (https://www.youtube.com/watch?v=RMjKfJpSeLM) Chief Schmaderer met with Ford's family and State Senator Terrell McKinney and played the body camera video. Family members indicated there may be hidden cameras in the house. Police have requested another search warrant to look for additional cameras.

Chief Schmaderer will re-evaluate the department's no-knock search warrant policies for the second time. The policy was previously revised in 2020 following the death of Breonna Taylor during a no-knock warrant narcotics investigation in Louisville, Kentucky.

"Generally the concern with no knock warrants is the people inside don't know if it is the police entering their home, which can understandably cause a confrontation," said Schmaderer. "On this no-knock, there were 23 total verbal commands and five by Officer Vail himself and 11 seconds elapsed before the shooting. It was 7am in the morning, perhaps Ford was awakened. On one hand, Ford did not say 'I'm in here to police, I surrender. On the other hand, Ford had a gun by his bed and did not grab to use it. There is a huge gray area of unknown there, compounded by the block of the body-worn camera by the shield."

The revised OPD policy requires a high-ranking command officer, either a Captain or Deputy Chief to approve the use of a no-knock warrant. The policy also made changes in tactics and training. Schmaderer says it should be used only in the 'most egregious situations'.

The decision to use the Swat Team to serve the no-knock warrant in this investigation followed a threat assessment, a standard review of potential threats. Schmaderer said the threat assessment score prepared for this incident was 'very high' based on the suspect's criminal history including drug, gun and domestic violence charges. The assessment determined a 'high probability he was in possession of a firearm, and powdered fentanyl'.

Schmaderer said he will also consider mounting the body-worn cameras on the helmets worn by Swat Team officers to avoid any future conflicts with the shield obstructing the camera's view.

Officer Vail is a 17-year law enforcement officer and has been with OPD for 6 ½ years. He has served 122 high-risk search warrants. He has not faced any disciplinary actions.

Chief Schmaderer has assigned Vail to a desk assignment while the Douglas County attorney reviews the case and until the conclusion of the required grand jury investigation.

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