Jake Gardner, 38, Face Charges For Manslaughter, Use Of A Firearm In Commission Of A Felony, Attempted First-Degree Assault, And Making Terrorist Threats
Tuesday, a white bar owner from Omaha was arrested for an incident that occurred three months prior to his indictment which was already ruled self defense by Donald Kleine, the Douglas County attorney, who stated at the time that no charges would be filed. Gardner killed James Scurlock, 22, who was part of an aggressive riot that had caused damage to the city, was part of the group that assaulted Gardner, and continued to attack him after Gardner had fired warning shots.
The black community responded absurdly, forming a mob and protesting outside Kleine’s house for the next three months hoping to pressure him into pursuing charges.
This is the evidence that was obtained by OPD of the shooting in Omaha of James Scurlock and Jake Gardner and is the deciding factor for “no charges”. OPD is asking for any other audio or video of the event. pic.twitter.com/l19AZVLkGE— Obscured_Lee (@Obscuredlee) June 3, 2020
Gardner fired two warning shots after he was knocked off his feet by other members of the belligerent group. Scurlock then chose to jump into the fray and on top of Gardner, who fired off a shot killing him.
Reviewing footage from the incident, Kleine stated that “I made a decision and I would not change that decision based on everything I know today,” in regards to his designation of the shooting as an act of self defense. Gardner can be seen walking backwards with his hands up before the altercation begins, he certainly seems to be attempting to deescalate the situation.
Klein went on to say that his decision was not based on emotion.
Three Straight Months Of Protest Followed:
Dozens of people are gathered outside the former spot of The Hive and The Gatsby where bar owner Jake Gardner shot and killed James Scurlock during protests one month ago today. @KETV pic.twitter.com/3IIjGWPe2e— Sarah Fili (@SarahFiliKETV) July 1, 2020
Thirty-six hours passed between Jake Gardner’s murder of James Scurlock and @CADonKleine’s press conference announcing no charges would be filed.— Ryan Wilkins (@RealerThanRyan) July 11, 2020
Today is Day 36 of protests on Kleine’s home turf.
It’s a great day to arrest Jake Gardner.#JusticeforJames #RiseandShineDon pic.twitter.com/VWjskTfe2A
A group of protesters are gathered in front of the former location of the Hive—the location James Scurlock was shot and killed by Jake Gardner. pic.twitter.com/I9evBRPaL9— Jessica Wade (@Jess_Wade_OWH) August 29, 2020
Then A Judge Intervened: Douglas County District Court Judge Shelly Stratman Appointed Frederick Franklin Special Prosecutor
Franklin came to the determination that Gardner was responsible for the killing:
By the “time they made their decision,” Franklin said of the grand jury, “it’s almost a slam dunk that they had much more information available to them than what was had at the time the initial decision was made.” Members of the grand jury, he said, “were able to get evidence relative to Mr. Gardner’s state of mind.”
“Mr. Gardner’s State Of Mind” – Reason For Charges
What did he mean by this? Well, according to Yelp reviews for Gardner’s bar, he has a tendency to turn away minorities who don’t follow the building’s dress code. This might mean he’s prejudicial—maybe he is, these are old reviews long pre-dating the current race riots—but what does that really have to do with anything? Racists still have a right to defend themselves. Like it or not, Second Amendment rights and the natural right to defend oneself against great bodily harm do not cease to exist once an individual commits thought crime.
What’s more likely is that Franklin made his case to the grand jury in a cowardly manner, hoping to avoid the same fate as Donald Kleine. This was justice by mob rule. And everyone knows, you don’t have to actually be racist for the Black Lives Matter types to claim it is so.
Franklin claims that he provided evidence that shows “Jake Gardner was threatening the use of deadly force in the absence of being threatened with a concomitant deadly force by James Scurlock or anyone who was associated with him.”
But the video is right there for the world to see. If you’re firing warning shots you’re not looking to kill, you’re looking to escape.