Omaha, Nebraska

From Omaha’s KETV.com of December 21, 2005

2nd Arrest Made In Tobacco Shop Shooting

Sham Journey Killed Tuesday

Omaha police have arrested two men in connection with a Tuesday shooting outside a midtown tobacco store.

Omari Manuel, 23, was arrested on a charge of first-degree murder. Police said Manuel was seen driving a white vehicle that was connected to the robbery turned shooting.

Herbert Elliott Jr., 22, was arrested and charged with first-degree murder, use of a weapon to commit a felony and felon in possession of a firearm.

Police said an armed robber entered Hamilton Outlet Tobacco store near 41st and Hamilton streets at about 1:30 p.m. Tuesday. Police said more than one employee of the store chased the robber out into the street. Shots were fired, and tobacco store employee Sham Journey, 24, died at the scene.

An eyewitness to the shooting said he saw store owner David Kline fire a gun, and police confirm the report, but said it was not Kline who killed Journey. The witness, the Rev. Les Jordan, said he had a clear view of the incident as he stood in his secretary's office in the church across from the tobacco store.

"All I know is, the owner of the store was standing there in the street unloading his gun, toward the man who was laying in the street with blood running out of his head," Jordan said. "I get up, look out the window, pull the shade back, and there's a man, standing in the street with his hands like this, and he's still -- boom, boom, boom, boom."

Jordan said Kline was shooting as he ran out of his story. Jordan said he looked out a second window in the direction that Kline was aiming.

"I look out the window and I see a man lying in the street convulsing and I think, 'Oh no. He's in trouble,'" Jordan said.

Jordan told his secretary to call 911 and he ran to help to the victim.

"I ran up to him, and when I got there, I could tell he was gone," Jordan said.

A man who lives across the street from the tobacco shop wanted to remain anonymous, but told KETV NewsWatch 7 that he talked to workers in the store about the weapons they had inside.

"They said they had a .357 in there, and a .44, and a bamboo stick. That's what they used to do; they used to walk around, talking about the weapons they had in there," the man said.

Kline and his business partner have not commented. Again, police said it was not a bullet from Kline's gun that injured and eventually killed Journey.

From Omaha’s KETV.com of January 11, 2006

Neighbors Want Charges Against Tobacco Store Owner

Fatal Shooting Put 2 Behind Bars

Some midtown neighbors want a business owner arrested following a fatal robbery last month.

David Kline was shooting at two robbery suspects who ran from his Hamilton Outlet Tobacco store, near 41st and Hamilton streets. Police said that during the gun battle, a robber's bullet killed store employee Sham Journey, 24, who was outside, too.

Two people are under arrest. Omari Manuel, 23, and Herbert Elliott, 22 are charged with first-degree murder.

Some neighbors said Kline should be jailed, too.

"I just like to know if we should all go get us a gun to defend ourselves," said the Rev. Les Jordan, who witnessed the incident from inside his nearby church. "When I looked out the window, I saw the owner of the store here in the middle of the street positioning himself like this and shot his gun several shots in a row."

Some people believe Kline acted in self-defense.

"I don't believe it's self-defense when you ran a block down the street from your building and had a shootout in the middle of my street," Jordan said.

Jeannie Dickes is the neighborhood president. She said several of the nearby homes have bullet holes. The damage left by the gunfire has neighbors asking for compensation.

"He pursued and chased. It's a whole other story when you're out of the store," Dickes said. "Shooting like a vigilante. It's like the wild, wild west. This is 1:30 in the afternoon, during the Christmas season -- kids are out of school."

Neighbors said they won't rest until Kline is charged with something.

"He certainly did break the law," said neighbor Sabrina Sanchez. "I mean, I can't go shooting a gun down the street. I would certainly go to jail."

Kline, who owns the Hamilton Outlet Tobacco store with his brother, was unavailable to comment.

The Douglas County said his office is still reviewing the case and no decisions have been made regarding Kline.

From Omaha’s KETV.com of February 3, 2006

Dornan: Tobacco Store Owner Acted In Self-Defense

No Charges Against David Kline

The owner of Hamilton Outlet Tobacco will not be charged for shooting at a robbery suspect seven weeks ago.

Police said there's no probable cause for an arrest. Douglas County Attorney Stu Dornan said store owner David Kline was acting in self-defense.

A shooting outside the Hamilton Outlet Tobacco store at 40th and Hamilton streets in late December killed store employee, Sham Journey. Journey was shot and killed while chasing two robbery suspects.

Kline fired at the suspects as he gave chase. It is believed the shot that killed Journey came from one of the suspects.

Residents of Omaha's Orchard Hill neighborhood had been fighting to have Kline charged.

The two robbery suspects, Herbert Elliott Jr., 22, and Omari Manuel, 23, are charged with first-degree murder.

During the investigation, police found a box that contained marijuana, a small amount of cocaine and mushrooms inside the tobacco store. However, no drug charges were filed against Kline or any of the store employees.

From Omaha’s KETV.com of March 14, 2006

2 Will Face Trial In Tobacco Store Shooting

Owners May Have Shot Gun 10 Times

Two men charged in the December shooting death of a tobacco store clerk are heading to District Court on first-degree murder charges, and testimony suggests the store owner fired 10 shots at the robbers.

On Tuesday, two Omaha police detectives testified Omari Manuel and Herbert Elliott are responsible for the death of Sham Journey. Journey was an employee of the Hamilton Outlet Tobacco shop, and was shot in December during a robbery of the store.

Early on in the investigation, there was a question as to whether the bullet that hit Journey was fired by storeowner David Kline or one of the alleged robbers.

Kline was cleared of any wrongdoing last month by the county attorney, who said he acted in self-defense.

(More detail)