No charges for bar owner in death of protester James Scurlock, Nebraska DA says

The white bar owner who police say killed a black protester in Omaha on Saturday was acting in self-defense and won’t be charged, Douglas County Attorney Don Kleine said on Monday.

Kleine presented video evidence of the confrontation between Jake Gardner, the bar owner, and James Scurlock, 22, who was killed during a protest on Saturday, the Omaha World-Herald reported. Kleine said that after interviewing witnesses and reviewing evidence, he determined that Gardner shot and killed Scurlock in self-defense and no charges would be brought.

According to a law enforcement official, Gardner was seen talking to a group of men, which included Scurlock, the Omaha World-Herald reported. Gardner reportedly fired two warning shots, ended up on his back in the street, and was put in a chokehold by Scurlock. Gardner fired a shot, which hit Scurlock in the neck and killed him, according to the outlet.

“Douglas County is a community of people I truly love. And I’ve been very proud of and very proud to serve as the county attorney in this great county that we live in,” Kleine said during a press conference, KETV reported. Kleine called the death “senseless.”

“It is a senseless death, a loss of a young man’s life, it shouldn’t have happened,” Kleine said, according to KETV. “We know that emotions are running very high ... this decision may not be popular and may cause more people to be upset. I would hope that they understand that we’re doing our job to the best of our ability and looking at the evidence and the law. And that’s all we can do. All right, that’s what the basis of this decision was, it can’t be based on emotions, it can’t be based on anger, it can’t be based on any of those things. But I would hope that this great community that we live in, will be able to get through this.”

Scurlock’s family has spoken out and called for justice.

“Last night I lost a son, my wife lost a son, my kids lost a brother,” James Scurlock II, Scurlock’s father, said, according to KETV. “His daughter lost a father. All because he decided to protest against racism. There’s a lot of speculation and rumors about how this happened. I don’t really care to be honest. My family wants closure and peace. I’ve already been harassed by people.”

Police Chief Todd Schmaderer said on Sunday that the person connected to Scurlock’s death was in police custody, KETV reported.

In anticipation of the announcement of whether Gardner would be charged, Omaha businesses were told to close early and to send their workers home, The Omaha World-Herald reported.

“As we head into the second night of emergency curfew and unrest, we want everyone to take care of themselves and their properties in ways that are sustainable to life and business,” an email from Omaha’s Downtown Improvement District read, according to the Omaha World-Herald.

A GoFundMe page was created for Scurlock and his family and has raised over $118,000 as of midday June 1.

National protests against racism and police brutality have gripped the country after George Floyd, a black man, died in police custody, McClatchy News reported. Some of the protests have taken a violent turn, with police force and looting taking place during the demonstrations.

Derek Chauvin, the former Minneapolis police officer shown on video kneeling on Floyd’s neck, was arrested Friday, according to the Minnesota Public Safety Commissioner.

Chauvin has been charged with third-degree murder and manslaughter, said John Harrington, commissioner of the Minnesota Department of Public Safety.

Once the news of no charges being filed was announced, people reacted on social media under the hashtag #JusticeforJamesScurlock.

Democratic state Sen. Megan Hunt of Omaha tweeted that no charges being filed was a “huge mistake.”

“Don Kleine and Douglas County have made a huge mistake. James Scurlock was murdered, and his murderer should be put on trial. With this decision, our justice process never even had a chance to work,” Hunt wrote.

“Unfortunately since James Scurlock’s murderer will not be tried in court, the case will be interpreted in the court of public opinion during one of the most racially tense moments in our lifetime. It’s a dangerous abdication of responsibility on the part of our county attorney,” she continued.

“Jake Gardner fired two shots during protests in Omaha and James Scurlock attempts to disarm him to protect other protesters. James Scurlock died a hero while charges are dropped on the shooter. Ask us again why we’re protesting,” Twitter user therealVicVal wrote.

“If Omaha has to shut downtown down because they fear riots will start once they announce the release of a racist shooter with no charges then they should know what they’re doing isn’t right,” user CooieLooie wrote on Twitter.

“Imagine having to tell your young daughter that her father was murdered by a white man for protesting for his fellow black people.. SAY HIS NAME,” Twitter user anglscry wrote.