- Associated Press - Tuesday, August 26, 2014

LINCOLN, Neb. (AP) - A grand jury declined to support charges against Lancaster County deputies who fatally shot a man who pointed an unloaded rifle at them while they were trying to remove him from his former home.

Lancaster County Attorney Joe Kelly announced the grand jury’s action Monday. State law says grand juries must investigate whenever someone dies in police custody or while being arrested.

Doug DaMoude, 64, barricaded himself in his former residence on May 30. He had lost the house to foreclosure and was evicted on April 22, but police said he broke back into it.

Kelly said DaMoude had written letters to the Sheriff’s Office and Lincoln police, telling officers that he didn’t recognize their authority. The deputies sent to remove him from the home knew about the letters and knew there were rifles and shotguns in the house, Kelly said.

According to Kelly, two officers entered the house and were immediately confronted by DaMoude, who was pointing a rifle at them and told them to leave, Kelly said. They told him to drop his rifle, but he didn’t. One of them grabbed the rifle and struggled with DaMoude.

“His attempt at all times was to get the barrel back toward the deputies,” Kelly said.

Two deputies still on the front porch then opened fire, striking DaMoude four times. He died there.

Deputies learned later that the rifle wasn’t loaded, Kelly said.

Sheriff Terry Wagner has already cleared the deputies, saying they followed departmental policies.

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