Update: Warrant issued for man accused of killing James Scurlock
OMAHA, Neb. (KMTV) - A grand jury has decided to indict bar owner Jake Gardner in the shooting death of James Scurlock.
Gardner has been indicted on manslaughter, use of a firearm, attempted first-degree assault and terroristic threats.
Surveillance footage showed Gardner fatally shooting Scurlock in the Old Market on May 30 during protests.
Douglas County Attorney Don Kleine originally announced he would not file charges, saying his investigation determined that Gardner felt his life was in danger.
But, after complaints from citizens, Kleine said he would back the formation of a grand jury to further investigate.
Special prosecutor Frederick Franklin III said the grand jury had much more information than the initial call from Kleine.
Franklin mentioned evidence of back and forth between Scurlock and Gardner, with Gardner threatening the use of deadly force towards Scurlock.
Evidence relative to Gardner’s state of mind was a part of what was presented to the grand jury.
Franklin said evidence came primarily from Gardner himself. The grand jury reviewed evidence from Gardner’s cell phone and Facebook messenger account along with video from inside his Old Market business.
Gardner will now be criminally charged and a trial will begin. A date has not yet been set for an initial appearance.
“This is not a time for celebration or exuberance -- these are simply charges. Jake Gardner is a man presumed innocent as I stand before you right now,” said Franklin.
Omaha Mayor Jean Stothert released the following statement on the grand jury's decision:
"I ask everyone to accept the grand jury’s decision and respect the confidentiality of the grand jury process. The case against Jake Gardner will now move to trial. The U.S. Constitution guarantees all defendants, including Mr. Gardner, a speedy and public trial by an impartial jury. My priority now will be to keep our citizens and the city safe."
The grand jury's findings:
3 News Now Reporter Ruta Ulcinaite provided updates via Twitter:
SPECIAL PROSECUTOR: Investigation has been ongoing by OPD since the death of #JamesScurlock. They interviewed about 60 people. They got more video. All of that info was passed on to the grand jury and Fred Franklin.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
The grand jury had much more information from the initial call from Don Klein.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
BREAKING : Grand jury made its decision. First count manslaughter, second county use of an illegal firearm, third county attempted first degree assault and fourth count terroristic threats. #JamesScurlock
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
Terroristic threat charge: Verbal confrontation started by Jake Gardner against James Scurlock.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
Attempted first degree assault: Tied to the “warning shot”. The second shot is the shot that the grand jurors connected here though.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
Manslaughter count: This county does not rest solely on an analysis of the video the public has already seen. There was evidence that was submitted later. Franklin says the evidence even goes back before the altercation.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
SPECIAL PROSECUTOR TO FRIENDS AND FANILY OF JAMES SCURLOCK: “This is not a time for celebration,” Franklin said. “These are simply charges.” Says Gardner is presumed innocent until proved guilty.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
ON VANDALISM: Special prosecutor says he’s sadden to see businesses boarded up months ago when Don Klein made initial decision of no charges. Asks people not to destroy property, vandalize as case continues.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
NEXT STEP: Fredrick Franklin will reach out to Jake Gardner’s lawyer you see if he wants to turn himself in or if an arrest warrant has to be issued.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
“Spent more time deliberating than what I expected,” Franklin said about the grand jury. There were 16 grand jury members.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
“Being a racist is not against the law. He’s not indicted because he may or may not be a racist,” Franklin said.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
This is a direct file to district court. Gardner is not entitled to a prelim.
— Ruta Ulcinaite KMTV (@RutaUlcinaite) September 15, 2020
