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Father of James Scurlock says they are moving forward with their own investigation

James Scurlock II questions if Gardner actually died by suicide.
Posted at 3:06 PM, Sep 24, 2020

OMAHA, Neb. (KMTV) — James Scurlock’s father says Douglas County Prosecutor Don Kleine “dehumanized” his son.

“We are going to get to the bottom of it,” James Scurlock II said.

Scurlock’s attorney, Justin Wayne, says they will continue an investigation, even possible civil suits, to get closure in the May 30 shooting.

“We obviously can’t bring criminal charges,” Wayne said. “We believe that all criminal events that happened that night should be prosecuted, but we will pursue all civil remedies at this point.”

Wayne added their own investigation starts next week with interviewing witnesses and combing through social media posts made the night Jake Gardner and James Scurlock crossed paths.

According to Wayne, the family is not pleased with the work, nor the comments made earlier this week by Kleine.

“James Scurlock was committing a felony,” Kleine said in a September 23 interview. “He broke into a building, tore property up, broke out the windows there. just immediately prior to where he went to the Hive.”

Scurlock’s father says Kleine’s comments were unethical and cowardly.

Wayne agreed, adding the grand jury’s decision declared James Scurlock a victim.

“That is the most tragic comment I’ve ever heard from a prosecutor about a victim,” Wayne said.

Kleine says his comments were not unethical, rather relevant on who he believes the first aggressor was the night Scurlock was shot.

He says bringing up Scurlock’s criminal background is just as important as question Gardner’s background.

The Scurlock family feels justice has not been served, even questioning if Gardner actually died by suicide.

“When we have a prosecutor in the state that you killed someone in, advocating for you in the beginning and then police escort you to the police station and out of town on a plane. No, I will not believe that it’s suicide until I see documentation from my investigators,” James Scurlock II said.

Watch Scurlock's father James and family attorney Justin Wayne speak below or by clicking here.

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