A man who killed a robbery suspect last week at a Walgreens in Omaha will not face charges of carrying a concealed weapon. Omaha City Prosecutor Marty Conboy.
“My decision is based on our statute that requires conclusive proof that the gun was not capable of being seen. Not only that nobody saw it but it couldn’t have been seen possibly by anyone.”
Conboy says after viewing the surveillance video, there is no conclusive evidence the gun was ever visible.
“From a distance, he is in a group of people moving toward a cash register and from anybody’s point of view it would have been very unassuming. You would not have even thought to look for a gun in someone’s waist.”
Conboy says that video does not show if Harry McCullough’s handgun was concealed.
“He was able to produce it very quickly. He knew right where it was so it was obviously where normal movements would have exposed it potentially and if that is the case, we can’t go forward.”
Harry McClullough is very relieved he will not face charges.
“There was not doubt in my mind what would happen. This day would come. There was always a chance it could be pursued but I knew it would not.”
McCullough says the shooting is constantly on his mind.
“There are times I just stop what I am doing and it replays in my head. Other than that I just try to keep myself busy.”
McCullough had gone to the Walgreens to buy ice cream. That is when an 18 year old armed with a sawed off shotgun walked in. McCullough says he started pointing it at customers and at the clerk at the register. At that time he thought he could be a victim or take action and he pulled out a pistol and shot Marquail Thomas several times. Thomas then left the store and collapsed outside. One of McCullough’s bullets was found in the barrel of the shotgun which shows Thomas was pointing the gun at McCullough. The shotgun was not loaded.