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Man sent to jail for 5 days, released without charges

Posted: 5:32 PM, Jul 18, 2018
Updated: 2018-07-19 11:43:34Z

        An Omaha man wants to know why he sat in jail for 5 days only to be released without being charged with a crime.

July 12, police were investigating an unrelated shots fired call near 9th & Frances St. when they saw a man running with a firearm from a detached garage.  They took the 17-year-old into custody, and gang unit detectives showed up as others came out of the garage.

Emiliano Avalos, 27, was one of the 4 others taken into custody.  Avalos was taken to jail on Thursday for felon in possession of a firearm, and having a stolen and unregistered firearm.  He was released on Tuesday and no charges were filed.  He feels police targeted him because of his criminal past and gang affiliation.

"I feel bad for what I've done in the past but I'm trying to continue and make a better future for me and my family and my son and fiance and I can't.  They won't let me do that and that's not fair," Avalos explained.

Prosecutors say two stolen firearms were located, and the 17-year-old is being charged with both.

County Attorney Don Kleine says Avalos had his bond set over the weekend and also had a parole hold on him.  He adds they thoroughly reviewed the case and on Monday decided not to file charges against him but the length of time spent in jail wasn't egregious.

"I think if I was the person I'd rather have it be that I didn't get charged and the county attorney did a thorough job of reviewing the evidence rather than us just charging the case and going from there," Kleine explained.

A dog was shot and killed by police when they said it was coming towards a detective in a threatening way.