No charges will be filed against Omaha bar owner who fatally shot protester, Don Kleine says

[Omaha Steve]

Source: Omaha World Herald

By Todd Cooper

The white bar owner who shot and killed a 22-year-old black Omaha man fired in self-defense after ending up on the ground in the middle of a group Saturday night, Douglas County Attorney Don Kleine said Monday.

In turn, Kleine said, Jake Gardner, owner of The Hive bar near 12th and Harney Streets, will not be charged in the death of James Scurlock. Kleine said he reviewed the evidence — and interviews with witnesses — and determined that Gardner had acted in self-defense.

Kleine played video of the confrontation at a 1:30 p.m. press conference, currently underway.

A law enforcement official with knowledge of the video gave this account:



A police officer walks west on Harney Street on Sunday in front of the Dubliner, The Hive and Gatsby on the 1200 block of Harney Street where a man was killed during the second night of protests. They were protesting the death of George Floyd at the hands of Minneapolis police.

CHRIS MACHIAN/THE WORLD-HERALD

Read more: https://www.omaha.com/news/crime/no-charges-will-be-filed-against-omaha-bar-owner-who-fatally-shot-protester-don-kleine/article_8e71702d-d5bf-544e-9fac-26108ac81a24.html

[Initech]

1. WTF!!! This is insanity!!!!

[hack89]

7. If in fact he was being strangled then the shooting is justified

self defense is pretty straight forward. He also fired warning shots.

[Kaleva]

34. Firing of warning shots is illegal in many states.

Most gun experts and gun training organizations strongly advise against it.

[oldsoftie]

2. No, its self defense. The video & other protestors confirm it.

Sad that it had to be that way, but when you're on your back being threatened its a scary thing.

[OneCrazyDiamond]

3. If someone breaks your window, call the police.

Don't shoot them.

[jorgevlorgan]

4. he gave them two warning shots after they became threatening.

The man had him in a chokehold and was probably going for his gun. This was definitely self defense.

[hack89]

8. What if they want to do more than that?

he was telling rioters to move on - to leave his business alone. There is nothing wrong with that - you shouldn't have to stand there and watch everything you have go up in smoke.

[LanternWaste]

14. No doubt, many minds are unable to conceive of additional options.

And thank God for these small-minded citizens' inability to see beyond one and only one response. The alternatives would be... well, let's not confuse ourselves with alternatives, and instead rest with the Hobson's Choice you so rationally offered.

:

[hack89]

15. One option is not to try to strangle a guy with a gun

That would be high on my list of things not to do.

[discntnt_irny_srcsm]

17. Video from the scene

https://www.ketv.com/article/officials-announce-no-charges-to-be-filed-at-this-time-in-the-death-of-22-year-old-james-scurlock/32733160

Looks to me like a clear case of self-defense.

[Steelrolled]

25. You need to publish that list

We could all use some pointers.

[Dr. Strange]

9. What if they start choking you?

[kimbutgar]

5. Something tells me this mans business will be forever cursed..

[kacekwl]

6. People do have a right to protect themselves

and their property. Things go wrong when you break the law. Goes for all sides.

[WhiteTara]

10. That poor victims family is

going to own that bar, or at least get all the money from the sale when that POS goes bankrupt from the civil lawsuit.

[Ptah]

11. fired in self-defense

[oldsoftie]

12. No, they should get nothing. Video is damning

He'll certainly get sued; plenty of blood sucking lawyers out there just waiting.
But if he's smart, he'll start unloading his assets just in case theres a decision against him. Which I'm sure would be appealed anyway.

[WhiteTara]

21. Thanks. Two bad guys

and one gets killed. Okay.

[oldsoftie]

22. No, one guy attacked another and got shot.

[WhiteTara]

27. Thanks.

[Jake Stern]

16. Poor victim my ass

This guy attacked the bar owner, not the other way round.

I hope Nebraska has a law similar to the one Colorado has where a criminal nor his family can sue the victim of that person's criminal activity for injuries incurred during the commission of that crime.

[WhiteTara]

19. thanks. I was confused

and with all the chaos, I got rather lost in the narrative.
I won't look at many of those murder videos.

[rockfordfile]

13. The right-winger is a pos but it was self-defense

[WhiteTara]

20. Thanks. I appreciate the

reality check.

[Judi Lynn]

18. Photo of the owner, Jake Gardner, with Trump, Jr. taken from Twitter:

Link to tweet

[oldsoftie]

23. I thought previous records werent supposed to factor into a current event?

[greenjar_01]

24. Wow

[oldsoftie]

29. Well, thats usually what we are told. Or does it only sometimes not matter.

[Jake Stern]

26. And your point is?

Other than to smear someone who did what he had to do to stop from being murdered by the dead guy and an unruly mob?

Unless some other video comes out the evidence and eyewitness accounts back up the claim that he was justified in using lethal force to protect his life and property.

[Kaleva]

28. While no charges will be filed, I think the Gardner's' fucked up.

Both father and son thought windows of the bar were being shot out and they rushed outside. I don't understand why anyone would rush out, exposing themselves, when there is alleged gunfire.

"Windows were shattered at the Hive — and both Jake and David Gardner told police that they thought someone had shot out the windows. It turned out that the windows were broken when someone hurled rocks and an Old Market signpost at them.

Gardner and his father rushed outside, past the bouncer, who was guarding the door. "

Despite thinking there was gunfire, the elder Gardner gets physical with someone in the the group.

"David Gardner, 68, exchanged words with people in Scurlock’s group. He didn’t push Scurlock but twice pushed someone in Scurlock’s group."

Despite being in close proximity to others, Jake Gardner shows he has a gun. A general guideline called the "21 Foot rule" comes into play here. One may argue that Jake Gardner escalated the situation by drawing the gun. Use of deadly force wasn't justified at this point and this was taking place on public property.

"Walking backward, Gardner lifts his shirt to show a handgun, then pulls it to his side and continues backing up. "

David Gardner fires two warning shots. The firing of warning shots is illegal in many states. There may be no law against it in Kansas but I think most everyone in the gun world believes that firing warning shots is a major fuck up.

"He fires twice into the air — he characterized them as warning shots in an interview with Omaha police. The two people run away from him."

https://www.omaha.com/news/crime/no-charges-will-be-filed-against-omaha-bar-owner-who-fatally-shot-protester-don-kleine/article_8e71702d-d5bf-544e-9fac-26108ac81a24.html

while Jake Garnder most likely received extensive training on the use of various weapons in the military, I think his training on use of firearms in the civilian world for self defense purposes is minimal at best.

[oldsoftie]

30. "Warning shots" are an issue because they come down SOMEWHERE.

He could be charged, in many states, with unlawfully discharging a firearm. Dont know about Kansas

[Kaleva]

32. I haven't been able to find a Nebraska law that deals with the firing of warning shots.

Even if there is no state law against it, I'm unaware of any gun expert or gun training organisation that promotes the use of such. I can find many that strongly advise against it.

[Devil Child]

35. Warning shots should never be used

Your research has produced sensible results.

[Devil Child]

31. Only victim here is the shop owner forced to defend his life after being assaulted and choked

Thankful he had the means to defend himself otherwise he’d be dead on the street.

[Kaleva]

33. Had he remained in the bar to defend his property, no one would have died.

There are no reports of the protesters trying to enter the establishment and the entrance was guarded by a bouncer armed with a bat.