While relieved to learn he won't be charged with carrying a concealed weapon, Harry James McCullough III said Tuesday he was losing sleep in the wake of fatally shooting a would-be robber at a Walgreens.
“Not a second goes by,” McCullough said, “that I don't think of this.”
The 32-year-old former security guard has called the loss of life in the April 26 attempted robbery unfortunate.
He is trying to get back to a normal routine, but he remains on edge and wary of possible retaliation from friends of Marquail Thomas, the teenager he shot and killed.
“I always look over my shoulder,” McCullough said.
City Prosecutor Marty Conboy said after reviewing the store's videotape and police reports of the shooting, he decided not to pursue the concealed weapon charge.
Conboy said his decision was based on the facts of the case and whether prosecutors could prove that the gun was not visible at any time.
“Without clear evidence that from every perspective you couldn't see any part of the gun, we couldn't go any further,” he said.
McCullough, carrying a gun in his waistband, shot Thomas four times after the masked 18-year-old pointed a sawed-off shotgun at customers in the store at 6101 Northwest Radial. The shotgun was not loaded.
Two of Thomas' cohorts are in custody.
The Douglas County Attorney's Office declined to prosecute McCullough for using deadly force against Thomas, calling the shooting “appropriate and justified.”
Among McCullough's priorities now is registering the new .40-caliber Smith and Wesson pistol he bought to replace the one that police have confiscated, said his attorney, James Martin Davis.
The Nebraska Firearms Owners Association gave McCullough the $649 to buy the replacement.
McCullough also will undergo training required to carry a concealed weapon, something he hadn't done prior to the shooting. McCullough has a city-issued permit to carry a handgun in plain view, but he did not have a state concealed-weapons permit.
Authorities say they will not release the videotape of the incident. They said the video is evidence in the prosecution of the two others involved in the botched robbery.
Conboy described it as “real drama.”
“It's rare to see someone reacting that way, to see the way customers and store employees react,” he said.
Talking to reporters in Davis' office later, McCullough said he was trying to keep busy but has replayed what happened over and over in his head.
“There was no better outcome,” McCullough said. “You just had to react to the situation.”
Under similar circumstances, he said, “I would do the same thing.”
Davis said his client is planning to return to his job and a “normal life” but still is not staying at his home.
His employer, the University of Nebraska Medical Center, has offered to provide McCullough free counseling sessions.
Davis said he has “received word” that associates of Thomas want revenge. The lawyer said he has contacted Omaha police to request surveillance of Thomas' friends and acquaintances.
Although McCullough said he is being careful, he won't be passive. He suggested that others don't “cower” in a corner.
“You have to be aware of your surroundings,” he said. “If not, you could easily become a victim.”
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