(AP) — The top county prosecutor says the shooting of an Omaha man at a party may have been justified.

Twenty-eight-year-old Kevin McIntyre died Sunday night at an Omaha hospital after he and his twin brother, Branden, were shot earlier in the evening. Branden McIntyre was treated at another hospital and released.

Douglas County Attorney Don Kleine said on Tuesday that, “preliminarily, it appears the shooting was justified.” But Kleine also said the investigation was continuing.

Kleine says the shooter talked to investigators on Sunday and has been released. Kleine would not disclose the man’s name and would not elaborate on the circumstances that led to the shooting.