No criminal charges filed in shooting inside Casey’s near downtown Lincoln
LINCOLN, Neb. (KLKN) – The Lancaster County Attorney’s Office announced Tuesday that no criminal charges will be filed in a deadly shooting at a Lincoln gas station last week.
Jarell Wheeler, 24, was shot and killed by his brother, 23-year-old Emanuel Greenwalt-Claypool, inside Casey’s near 13th and E streets on Thursday, according to the Lincoln Police Department.
Greenwalt-Claypool was initially arrested on suspicion of second-degree murder, use of a firearm to commit a felony and second-degree assault.
In a press release, the attorney’s office said prosecutors immediately began reviewing all available evidence, a “process that has continued over the past six days.”
With Claypool’s court appearance approaching, the attorney’s office determined that no criminal charges will be filed at this time.
The attorney’s office noted that this decision “allows additional time for the investigation to continue.”
“The evidence to date indicates that Mr. Claypool was not the initial aggressor, did not start the physical confrontation, and that Mr. Wheeler rushed toward him with a raised fist,” officials said.
Claypool also indicated to investigators that he feared being shot, stabbed, or “stomped,” according to the attorney’s office.
In the release, Condon explained that it “is the duty of the County Attorney and law enforcement to ensure that a thorough investigation is completed, and any charging decisions are made based only upon the available evidence and all of the laws of Nebraska.”
Claypool will be released from custody, as the Lincoln Police Department continues its investigation into the shooting.
“I want to thank the hard-working investigators who have worked tirelessly to impartially investigate this incident. My office’s initial decision has been shared with LPD’s investigators and Mr. Wheeler’s family,” Condon said. “Both my office and LPD remain committed to continuing the investigation into Mr. Wheeler’s death.”
Once a final decision is made, the attorney’s office will provide an update on the investigation.
