OMAHA, Neb. (KMTV) — The killing of James Scurlock has resonated with people across the Metro. The Douglas County Attorney’s Office says the shooter was protecting himself.
County Attorney Don Kleine said he made the decision by looking at the evidence, the interview of the shooter, and the videos of what happened.
He says it’s not based on emotions and what happened to George Floyd.
“Shooter was defending himself when he shot Scurlock,” Kleine said.
Kleine said that the shooter was justified in shooting Scurlock at about midnight Saturday.
The shooter was identified as Jacob Gardner, owner of the Hive Bar and Gatsby Bar.
Prosecutors showed video of a scuffle involving Gardner’s dad. Gardner backed up and showed a gun when two people jumped on him.
He fired two shots but didn’t hit anyone and then Scurlock jumped on his back. That’s when Gardner said he was being choked and shot him once in the clavicle.
“Mr. Gardner as we know now has said I did what I did to defend myself and we find that we can’t disprove that from the evidence that we have,” Kleine said.
“I honestly feel that if Mr. Gardner’s dad would’ve kept his hands to himself the incident would’ve never happened in the beginning,” said James Scurlock II. “Once again I ask that we investigate this and I ask my people to stand by me strong but do it peacefully.”
The shooter has been released from police custody. They say witness statements and video do not indicate they were saying racial slurs.
Prosecutors say Gardner did not have an active concealed carry permit but hasn’t been charged with a crime.
Watch the stream below:
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The 3 News Now Team is providing live updates via Twitter:
Douglas County Attorney Don Kleine starts by saying he loves the Omaha community. "We have dedicated our career for justice for all for those who live in our county."
— Jennifer Griswold (@griswoldkmtv) June 1, 2020
Murder of Mr. Floyd is reprehensible.
Douglas Co Atty Don Kleine here on charges or not in the James Scurlock killing.
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Watch: https://t.co/3KZFEQOF1j@3NewsNowOmaha pic.twitter.com/c3vIf2Vn40
Kleine: the shooting death of Scurlock was so senseless when you think about how it started as a peaceful protest. @3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
#HAPPENINGNOW - Douglas County Attorney Don Kleine is speaking about the shooting death of James Scurlock.
— Sydney Gray (@Sydney_GTV) June 1, 2020
Watch live @3NewsNowOmaha
Kleine's going to show video evidence of shooting and wants people to come forward if they have more video of the incident.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine says some of the video evidence is coming from business surveillance.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Doug County Attorney Don Kleine says he's frustrated over lack of factual information surrounding #JamesScurlock death. @3NewsNowOmaha
— Maya Saenz - KMTV (@Maya_Reports) June 1, 2020
Kleine: people social media calling it a "cold blooded murder" aren't privy to all the evidence and complete knowledge of the case so it's "irresponsible, reckless, and a danger to our community."
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Live: https://t.co/nbuihodmw1@3NewsNowOmaha
Video evidence: one from a person taping with their phone with audio, surveillance video from Gatsby's bar, video evidence from the same time showing where Scurlock was before the incident. Kleine says it's not relevant but he was inside a near-by building.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Video of the shooter before shots are fired outside of The Hive/ Gatsby Bar.@3NewsNowOmaha pic.twitter.com/eHIn5IOzoE
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine showing video evidence.
— Jennifer Griswold (@griswoldkmtv) June 1, 2020
First video: Outside 1207 Harney, owner comes up to people asking who pushed his dad.
You hear "he has a gun on him." Bar owner did reference had a weapon.
Kleine said he didn't hear racial slurs, witnesses agreed.
Kleine showing video that shows the bar owner being tackled, regaining footing and then being tackled again. That's when bar owner fired, killing Scurlock.
— Jennifer Griswold (@griswoldkmtv) June 1, 2020
As Kleine shows more video, I'll mention there were several police officers in many intersections downtown. Also saw big City trucks near exits downtown (as they were last night during curfew), and a small group of religious leaders gathered outside City and County bldg.
— Maya Saenz - KMTV (@Maya_Reports) June 1, 2020
Kleine says the shooter was tackled and he fired two shots before those people get off of him and Scurlock jumped on the shooter and he was shot once in the clavicle. This is Gatsby surveillance.@3NewsNowOmaha pic.twitter.com/a1kcv6Knss
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine: the situation around Mr. Floyd's death creates a lot of tension within the community but he says he has to look at the evidence in this case.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine says you can't shoot someone who is stealing a bike or a 12pk of beer from a gas station. Deadly force can be used if someone is in fear for their life and they can't retreat safely.
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine: the law says even if they're mistaken but if the basis is reasonable to believe safety is at risk you can use deadly force.
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine says the bar owner was interviewed with his lawyer present. He said he fired first two warning shots to get people off him then someone jumped on his back trying to choke him and he fired the shot in self defense.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
HAPPENING NOW: A small gathering of people is sitting in front of the Omaha Douglas Civic Center. We are learning new details in the case of James Scurlock, a young man that died in weekend protests, non-police related. @3NewsNowOmaha pic.twitter.com/yiH5Rh22MB
— Kent Luetzen (@KentLuetzen) June 1, 2020
Kleine: we're talking about a civilian who is backing up, told people to get out of there, then is jumped by two people, and then choked by a 3rd (Scurlock).@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine: There was a consensus that the actions of the bar owner, the shooter, were justified.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
This decision may not be popular, this may make people more upset, says Kleine but he says the decision can't be based on emotion or anger.
— Jennifer Griswold (@griswoldkmtv) June 1, 2020
Kleine says this isn't based on emotions it is based on video and facts at the scene.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine says they looked if there were any racial slurs used by the shooter or his father at the scene and they found no evidence of that.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine: says the shooter asked who pushed his dad and then told them to get out of here. That is what the shooter told police.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine: The shooter had a carry concealed permit that expired.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine: his version was that he felt his life was in jeopardy.
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine: what was upsetting to a lot of people involved in this case was the misinformation, calling it a "cold blooded murder."
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Old Market business says its staying closed today. https://t.co/hhzulk6wfl
— Phil Bergman (@PhilBergmanTV) June 1, 2020
Kleine: People do have a right to protect their property but you can't use deadly force in that situation.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
Kleine: immediately prior to the shooting happened (22:56 hours) shows a man with Scurlock push the bar owner's father to the ground. 22:55 hours shows people breaking out their windows.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) June 1, 2020
