"We have dedicated our career for justice for all for those who live in our county. Copyright © 2020 CBS Interactive Inc. All rights reserved. @3NewsNowOmaha pic.twitter.com/eHIn5IOzoE. Be in the know. Can we trust them now? (KMTV) — The killing of James Scurlock has resonated with people across the Metro. Kleine showing video that shows the bar owner being tackled, regaining footing and then being tackled again. He added that Gardner was extremely upset and remorseful about the events that took place the night of the shooting and didn't initially know what happened to Scurlock. Gardner will now either turn himself in or he’ll undergo an arrest warrant, according to the Omaha World-Herald. The 3 News Now Team is providing live updates via Twitter: Douglas County Attorney Don Kleine starts by saying he loves the Omaha community. Election Live Updates: Americans brace for results as first polls close, 2020 House and Senate elections: Democrats fight to recapture Senate, Judge orders sweep of postal facilities for mail-in ballots, "Don't be scared" of voter intimidation, Michigan official says, Stocks rally worldwide as Election Day finally arrives. Man charged in fatal shooting of Black man during protest in Omaha kills himself, lawyer says. September 21, 2020 / 5:14 PM Copyright 2020 Scripps Media, Inc. All rights reserved. KMTV also reports that attorneys said Gardner planned to return to Omaha Sunday evening  from the Portland, Oregon area, where he was visiting his father. "Murder of Mr. Floyd is reprehensible. “Once again I ask that we investigate this and I ask my people to stand by me strong but do it peacefully.”.

Kleine stated Scurlock got on Gardner’s back and began choking him after the bar owner fired off 2 cautioning shots in front of his organization during a night of disorderly protests over the May 25 passing of George Floyd at the hands of Minneapolis cops. Kleine says the shooter was tackled and he fired two shots before those people get off of him and Scurlock jumped on the shooter and he was shot once in the clavicle. His attorney, Stu Dornan, said in a news conference Sunday evening that Gardner's death was a suicide. Prosecutors showed video of a scuffle involving Gardner’s dad. He says it’s not based on emotions and what happened to George Floyd. @3NewsNowOmaha, Video of the shooter before shots are fired outside of The Hive/ Gatsby Bar. That’s when Gardner said he was being choked and shot him once in the clavicle.

“I honestly feel that if Mr. Gardner’s dad would’ve kept his hands to himself the incident would’ve never happened in the beginning,” said James Scurlock II. A grand jury indicted Jake Gardner, the owner of The Hive bar in Omaha, on manslaughter and a number of other charges in the May 30 shooting of unarmed 22-year-old James Scurlock. Kleine: the law says even if they're mistaken but if the basis is reasonable to believe safety is at risk you can use deadly force. After intense criticism, a grand jury was called to examine the case, resulting in the charges that were filed against Gardner. @3NewsNowOmaha pic.twitter.com/a1kcv6Knss, Kleine: the situation around Mr. Floyd's death creates a lot of tension within the community but he says he has to look at the evidence in this case.@3NewsNowOmaha. This decision may not be popular, this may make people more upset, says Kleine but he says the decision can't be based on emotion or anger. Dornan said Gardner told him he thought he was in a war zone outside the bar with the violence, tear gas and mass confusion. A grand jury indicted Jake Gardner, the owner of The Hive bar in Omaha, on manslaughter and a number of other charges in the May 30 shooting of unarmed 22-year-old James Scurlock. These are simply charges,” Franklin said. “Jake Gardner is a man presumed innocent as I stand here before you today.”. They say witness statements and video do not indicate they were saying racial slurs. He has served as News Editor and Managing Editor at The Next Web and is now Editor-In-Chief at Drew Reports News. Daniel has always been known as a media jockey, founded a professional business, and a news blog covering the Apple ecosystem. 22:55 hours shows people breaking out their windows.@3NewsNowOmaha. “Mr. "The grand jury indictment was a shock to him, and it was a shock to us," Dornan said. He said he fired first two warning shots to get people off him then someone jumped on his back trying to choke him and he fired the shot in self defense. Kleine: his version was that he felt his life was in jeopardy. @3NewsNowOmaha, #HAPPENINGNOW - Douglas County Attorney Don Kleine is speaking about the shooting death of James Scurlock. The family of a black man killed by a white bar owner during protests in Omaha, Nebraska, believes a prosecutor rushed to judgment by declaring the shooting an act of self-defense. September 21, 2020 / 5:14 PM / CBS/AP He fired two shots but didn’t hit anyone and then Scurlock jumped on his back. Omaha Bar Owner Has Died By Suicide After He Was Charged In Shooting Of Black Man : Updates: The Fight Against Racial Injustice Jake Gardner was on the West Coast when a … Kleine said he didn't hear racial slurs, witnesses agreed. ” This is not a time for celebration or enthusiasm. Prosecutors say Gardner did not have an active concealed carry permit but hasn’t been charged with a crime.

@3NewsNowOmaha, Kleine: people social media calling it a "cold blooded murder" aren't privy to all the evidence and complete knowledge of the case so it's "irresponsible, reckless, and a danger to our community. ... — Jake Wasikowski (@jakewasikowski) June 1, 2020. @3NewsNowOmaha pic.twitter.com/yiH5Rh22MB, Kleine: we're talking about a civilian who is backing up, told people to get out of there, then is jumped by two people, and then choked by a 3rd (Scurlock). He was scheduled to return to Omaha on Sunday to face the charges against him, Dornan said. @3NewsNowOmaha, Kleine: There was a consensus that the actions of the bar owner, the shooter, were justified.@3NewsNowOmaha. Posted at 1:37 PM, Jun 01, 2020 . Kleine said that the shooter was justified in shooting Scurlock at about midnight Saturday. First published on September 21, 2020 / 5:09 AM. Gardner allegedly received numerous death threats and fled to Northern California. Police identified the victim as 22-year-old James Spurlock. Douglas County Attorney Don Kleine initially decided not to charge Gardner, saying he acted in self-defense. The shooter was identified as Jacob Gardner, owner of the Hive Bar and Gatsby Bar. Kleine says this isn't based on emotions it is based on video and facts at the scene. As Kleine shows more video, I'll mention there were several police officers in many intersections downtown. Gardner backed up and showed a gun when two people jumped on him. © 2020 CBS Interactive Inc. All Rights Reserved. The shooter has been released from police custody. Bar owner did reference had a weapon.

Critics had stated that Scurlock was just trying to stop Gardner from injuring anybody. What went wrong with polls in 2016? The shooter was identified as Jacob Gardner, owner of the Hive Bar and Gatsby Bar. @3NewsNowOmaha, Kleine: immediately prior to the shooting happened (22:56 hours) shows a man with Scurlock push the bar owner's father to the ground. @3NewsNowOmaha, Kleine says they looked if there were any racial slurs used by the shooter or his father at the scene and they found no evidence of that. ", Old Market business says its staying closed today. A grand jury on Tuesday charged Gardner, 38, with manslaughter in the death of James Scurlock, the Black man authorities say Gardner shot May 30 during a protest against police brutality and racial injustice outside Gardner's bar in Omaha, Nebraska. Deadly force can be used if someone is in fear for their life and they can't retreat safely. However, Kleine asked the grand jury to take a look at the case after his choice was slammed, stating he desired individuals to have faith in the justice system. Franklin declined to provide specifics of what the new evidence shows except to say it undermines the notion of self-defense. Election Live Updates: Americans go to the polls as bruising campaign ends, The states where you can register to vote on Election Day, Report cites militia activity risk amid fears of Election Day unrest, Pennsylvania voters head to polls as race tightens in key state, The races that could determine who controls the Senate, A guide to the election's top ballot initiatives, The pivotal post-Election Day dates you need to know.

An appeals court on Tuesday upheld the conviction and 10-year sentence for a man who ran a $220 million predatory payday loaning operation that... Omaha Nebraska Jake Gardner charged for fatally shooting James Scurlock. @3NewsNowOmaha, Kleine: The shooter had a carry concealed permit that expired.@3NewsNowOmaha. "Live: https://t.co/nbuihodmw1@3NewsNowOmaha, Video evidence: one from a person taping with their phone with audio, surveillance video from Gatsby's bar, video evidence from the same time showing where Scurlock was before the incident. Dornan said Gardner, who had gone to California after the shooting, was "really shook up" after the grand jury's indictment. https://t.co/hhzulk6wfl, Kleine: People do have a right to protect their property but you can't use deadly force in that situation. Omaha, Nebraska — A White business owner charged with manslaughter for fatally shooting a Black man during protests in Nebraska has died by suicide days after his indictment, his attorney said Sunday. Gardner as we know now has said I did what I did to defend myself and we find that we can’t disprove that from the evidence that we have,” Kleine said. This material may not be published, broadcast, rewritten, or redistributed.

Jake Gardner Wiki – Jake Gardner Bio. Special Prosecutor Frederick Franklin on Tuesday said the grand jury reviewed additional proof that Kleine didn’t have, including from Gardner’s phone and his Facebook Messenger account, along with video from inside his bar, that “was consistent with there being a deliberate killing.”, ” I can inform you that there is evidence that undermines (claims of self-defense),” Franklin said.

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