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Killing of James Scurlock
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Killing of James Scurlock
On May 30, 2020, James Scurlock, a 22-year-old black male protester, was fatally shot by a 38-year-old bar owner, Jacob "Jake" Gardner. The shooting took place during George Floyd protests in Omaha, Nebraska, in the Old Market area of the city. Scurlock had been among the thousands of protesters who flooded the city's downtown area.
Surveillance video of the strip of bars shows a group of people, including Scurlock, being approached by Jacob Gardner, his father, and one other male in the street. Shortly after, Jacob Gardner's elderly father was shoved by a man to the ground after a verbal confrontation with a woman. Gardner, who was nearby decided to investigate the altercation, then revealed a concealed handgun at his waistband, and while moving away, simultaneously verbally threatened the group, including Scurlock, to stay back. Gardner was then attacked by two members of the crowd after he turned his back on them. As Gardner and one attacker struggled on the ground, Gardner fired shots while being grappled, resulting in the attacker fleeing. Seconds later, Scurlock jumped on Gardner, with one hand holding the arm in which the handgun was being held and one arm draped around Gardner's neck.[original research?] Gardner asked Scurlock to get off him, and then using his left hand fired the gun over his shoulder, striking Scurlock in the clavicle, killing him.
After 36 hours Gardner was released from police custody after the county attorney concluded that he had acted in self-defense. The decision proved controversial amid accusations of racial motivation. It has been described as exacerbating tensions in the United States, and the case was referred to a grand jury for review; a grand jury returned indictments against Gardner on September 15 on four felony criminal charges, including manslaughter. Special prosecutor Fred Franklin stated that Gardner had been "threatening the use of deadly force in the absence of being threatened with ... deadly force by James Scurlock or anyone who was associated with him."
On September 20, 2020, Gardner was required to turn himself in to police. Instead, he committed suicide outside a medical center in Hillsboro, Oregon, where he had moved after the incident. His death is currently under investigation by Hillsboro police and medical examiners.[needs update] Conspiracy theories saying that Jacob faked his death were disproved when his death certificate was finished in October; his death was ruled a suicide from a self inflicted gunshot wound to the head.
On May 30, 2020, around 11:00 pm, James Scurlock and a group of protestors were in the Old Market area of Omaha, Nebraska, during the George Floyd protests. During the protest, Scurlock was filmed vandalizing inside a building, including exterior windows and interior office spaces. Scurlock was then headed east toward the corner of 13th and Harney Street near the business belonging to Jacob Gardner, a white bar owner. Gardner and his father stood guard inside his business, The Hive. After a window was broken by protestors, the two men exited The Hive and walked east down the Harney Street sidewalk. Gardner's father pushed two people, telling them to leave. Gardner's father was then knocked to the ground by one man.
A verbal altercation between Gardner and a group of people he believed to be in association with the man who pushed his father ensued. Gardner positioned himself in the midst of the protestors. He lifted his shirt, brandishing a concealed handgun in his waistband. He then withdrew the handgun from his waistband and held it at his side. Gardner was then tackled to the ground by two from behind. Gardner fired two shots in the air (which he would later describe to the police as warning shots), and his two attackers fled. It was then that Scurlock jumped on Gardner's back as he was getting up with the weapon . After both had struggled for around 20 seconds, Gardner fired a third shot over his own shoulder, striking Scurlock in his clavicle. Scurlock was taken to Nebraska Medicine where he died from his injuries.
By Saturday night, Gardner was held in police custody at the Omaha Police Department headquarters while an investigation was conducted. He was released late Sunday night and was not booked into jail while he was in police custody. Douglas County Attorney Don Kleine reviewed the evidence, including interviews and witnesses. At a press conference on Monday, June 1, Kleine announced that no charges would be filed against Gardner at that time. Kleine described what occurred in the incident, showed copies of video evidence for the audience, narrating what took place, and explained the conclusion that Gardner had acted in self-defense. Prosecutors said Gardner had once held an active Nebraska Concealed Handgun Permit, but that it had expired by the time of the shooting. City ordinance allows "Persons lawfully entitled to possess a firearm while upon the premises where he or she regularly resides or is regularly employed." without holding a concealed weapons permit.
The Scurlock family's attorney and Nebraska State Senator, Justin Wayne, asked Kleine to send the case to a grand jury. He explained Gardner should face other charges, such as manslaughter, a concealed carry permit violation, or for firing gunshots within the Omaha city limits.
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Killing of James Scurlock
On May 30, 2020, James Scurlock, a 22-year-old black male protester, was fatally shot by a 38-year-old bar owner, Jacob "Jake" Gardner. The shooting took place during George Floyd protests in Omaha, Nebraska, in the Old Market area of the city. Scurlock had been among the thousands of protesters who flooded the city's downtown area.
Surveillance video of the strip of bars shows a group of people, including Scurlock, being approached by Jacob Gardner, his father, and one other male in the street. Shortly after, Jacob Gardner's elderly father was shoved by a man to the ground after a verbal confrontation with a woman. Gardner, who was nearby decided to investigate the altercation, then revealed a concealed handgun at his waistband, and while moving away, simultaneously verbally threatened the group, including Scurlock, to stay back. Gardner was then attacked by two members of the crowd after he turned his back on them. As Gardner and one attacker struggled on the ground, Gardner fired shots while being grappled, resulting in the attacker fleeing. Seconds later, Scurlock jumped on Gardner, with one hand holding the arm in which the handgun was being held and one arm draped around Gardner's neck.[original research?] Gardner asked Scurlock to get off him, and then using his left hand fired the gun over his shoulder, striking Scurlock in the clavicle, killing him.
After 36 hours Gardner was released from police custody after the county attorney concluded that he had acted in self-defense. The decision proved controversial amid accusations of racial motivation. It has been described as exacerbating tensions in the United States, and the case was referred to a grand jury for review; a grand jury returned indictments against Gardner on September 15 on four felony criminal charges, including manslaughter. Special prosecutor Fred Franklin stated that Gardner had been "threatening the use of deadly force in the absence of being threatened with ... deadly force by James Scurlock or anyone who was associated with him."
On September 20, 2020, Gardner was required to turn himself in to police. Instead, he committed suicide outside a medical center in Hillsboro, Oregon, where he had moved after the incident. His death is currently under investigation by Hillsboro police and medical examiners.[needs update] Conspiracy theories saying that Jacob faked his death were disproved when his death certificate was finished in October; his death was ruled a suicide from a self inflicted gunshot wound to the head.
On May 30, 2020, around 11:00 pm, James Scurlock and a group of protestors were in the Old Market area of Omaha, Nebraska, during the George Floyd protests. During the protest, Scurlock was filmed vandalizing inside a building, including exterior windows and interior office spaces. Scurlock was then headed east toward the corner of 13th and Harney Street near the business belonging to Jacob Gardner, a white bar owner. Gardner and his father stood guard inside his business, The Hive. After a window was broken by protestors, the two men exited The Hive and walked east down the Harney Street sidewalk. Gardner's father pushed two people, telling them to leave. Gardner's father was then knocked to the ground by one man.
A verbal altercation between Gardner and a group of people he believed to be in association with the man who pushed his father ensued. Gardner positioned himself in the midst of the protestors. He lifted his shirt, brandishing a concealed handgun in his waistband. He then withdrew the handgun from his waistband and held it at his side. Gardner was then tackled to the ground by two from behind. Gardner fired two shots in the air (which he would later describe to the police as warning shots), and his two attackers fled. It was then that Scurlock jumped on Gardner's back as he was getting up with the weapon . After both had struggled for around 20 seconds, Gardner fired a third shot over his own shoulder, striking Scurlock in his clavicle. Scurlock was taken to Nebraska Medicine where he died from his injuries.
By Saturday night, Gardner was held in police custody at the Omaha Police Department headquarters while an investigation was conducted. He was released late Sunday night and was not booked into jail while he was in police custody. Douglas County Attorney Don Kleine reviewed the evidence, including interviews and witnesses. At a press conference on Monday, June 1, Kleine announced that no charges would be filed against Gardner at that time. Kleine described what occurred in the incident, showed copies of video evidence for the audience, narrating what took place, and explained the conclusion that Gardner had acted in self-defense. Prosecutors said Gardner had once held an active Nebraska Concealed Handgun Permit, but that it had expired by the time of the shooting. City ordinance allows "Persons lawfully entitled to possess a firearm while upon the premises where he or she regularly resides or is regularly employed." without holding a concealed weapons permit.
The Scurlock family's attorney and Nebraska State Senator, Justin Wayne, asked Kleine to send the case to a grand jury. He explained Gardner should face other charges, such as manslaughter, a concealed carry permit violation, or for firing gunshots within the Omaha city limits.
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