Bar Owner Who Shot Violent Protester Dead Won’t be Charged: DA

Originally published:


A bar owner in Nebraska who fatally shot a man who assaulted him will not be charged, the district attorney said.

“The actions of the shooter, the bar owner, were justified,” Douglas County Attorney Don Kleine said at a press conference on Monday.

Jacob Gardner, who owns The Hive and Gatsby’s, was tackled to the ground before firing on James Scurlock, 22, in Omaha on Saturday night.

Kleine showed videos that prosecutors and police officers reviewed in making the determination, showing different angles of the scene in the Old Market outside Gardner’s bar.

Gardner’s father is seen confronting people in the area, shoving one, after some businesses were broken into and damaged by individuals including Scurlock.

Another man ran over and punched the older male, prompting Gardner to run over to where his father was. Scurlockthen pushed the bar owner, who began backing down the street towards the bar as Scurlockand others continued advancing.

Two people tackled Gardner to the ground. He then fired two shots. The people who had tackled him fled. But Scurlock then rushed over and tackled the bar owner. They grappled for several seconds before Gardner fired again, hitting Scurlock in the clavicle.

Scurlock was rushed to a hospital, where he was pronounced dead.

Before the series of events, Gardner displayed his firearm and asked people to leave, Kleine said. Gardner said he didn’t know whether any of the people who assaulted him were armed and said he believed they were trying to take his weapon.

“If somebody is in fear for their own life or serious bodily injury and that they can’t, they don’t feel like they can retreat safely. The law says that even if they’re mistaken in their belief, if their belief has some reasonable basis, even if they’re mistaken, it’s still justifiable for that person to use deadly force,” Kleine said.

“We’re talking about a civilian who goes outside, is backing up, has told people to please just get out of here, backing up down the street on the sidewalk, and really is attacked, or jumped on, by several people, at once. Fires just a couple of shots to get people off of him, and then a third person jumps on his back, while he still has the firearm, and is wrestling with him and choking him to the point where he says, ‘I was in fear for my life.’”

James Scurlock II, Scurlock’s father, told reporters after Klein’s announcement: “What I want is justice, not a quick answer.”

He called on officials to convene a grand jury, and blamed Gardner’s father.

“I honestly feel that if Mr. Gardner’s dad would of kept his hands to himself, the incident wouldn’t of never happened in the beginning.”

Democratic state Sen. Justin Wayne, who is helping Scurlock’s family, pointed to Gardner having an expired conceal carry permit.

Omaha police officials said Monday that Gardner could face misdemeanor charges of citations but held off until the primary issue was decided by Kleine.

Both the district attorney and Scurlock’s loved ones are asking for people with additional evidence, whether it’s video footage or witnesses, to come forward.

Kleine condemned the “misinformation” put out about the case, including from politicians and people running for Congress, citing “irresponsible” and “reckless” posts referring to the death as a “cold-blooded murder.”

“I’m not aware of them being privy to any of the evidence involved in this case,” Kleine said.

Some people claimed Gardner was a police officer in the past. The Omaha Police Department said Gardner has never been an officer there.

Follow Zachary on Twitter: @zackstieber


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