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No Charges for Omaha Bar Owner Who Shot and Killed Protester

No Charges for Omaha Bar Owner Who Shot and Killed Protester

Ruled self-defense

An Omaha bar owner who shot and killed a protester outside of his establishment Saturday night will not be charged. The county attorney has ruled the shooting one of self defense.

Bar owner Jacob Gardner was taken into custody following the shooting of 22-year-old James Scurlock. The altercation was captured on video and shared widely on social media.

Scurlock was captured on other security footage breaking windows as part of a George Floyd death “protest.”

“It can’t be based on emotions, it can’t be based on anger, it can’t be based on any of those things,” said County Attorney Kleine when explaining his decision.

Surveillance footage shows Gardner’s 68-year-old father being violently pushed to the ground by a protester, part of the footage that’s difficult to find as it’s not included in much of the media coverage of this particular tragedy. Gardner ran to find out who had pushed his father, and revealed his firearm.

More from NBC:

According to the prosecutor, Gardner was pushed down during a scuffle and fired two shots. Scurlock then jumped on top of Gardner and “maintained a chokehold around his neck,” while Gardner could be heard saying “get off me” many times, Kleine said in a press conference Monday. Gardner fired his gun again, fatally striking Scurlock in the clavicle.

Scurlock was taken to a local hospital where he died from his injuries. Gardner had a concealed carry weapon permit that was expired at the time of the shooting, Kleine said, according to WOWT. It was not immediately clear who was representing Gardner and Gardner did not immediately respond to a request for comment.

The confrontation began when Gardner’s father pushed some of the protesters when asking them to leave the bar. One of the protesters pushed back at Gardner’s father, which is when Gardner intervened, according to Kleine.

Kleine also said at a Monday press conference that despite what was being said on social media, there “was never any racial tone to any of the conversation” between Gardner and Scurlock.

More details of the shooting from the Omaha World-Heard:

Walking backward, Gardner lifts his shirt to show a handgun, then pulls it to his side and continues backing up. Two people from Scurlock’s group — a man and a woman — tackle Gardner, who ends up on his back in a puddle in the street.

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.

Four seconds after that, Scurlock rushes from the sidewalk and dives on Gardner. Kleine said Scurlock was on Gardner’s back and had his arm around the bar owner’s neck. Gardner could be heard on another bystander’s video hollering, “Get off me, get off me.”

His right arm pinned, Kleine said, Gardner switched the gun to his left hand and fired over his shoulder. The bullet hit Scurlock in the shoulder-neck area



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2smartforlibs | June 2, 2020 at 1:10 pm

the RIOTS told the bar owner to shoot him after a long attack on the bar. The Omaha DA determine that was enough to say the bar owner’s life was threatened.

TheOldZombie | June 2, 2020 at 1:13 pm

Scurlock had his chance to run away along with his fellow looters but decided to attack a man with a gun who had just fired it twice.

Dumb decision on his part.

When are they going to show the looter’s baby pictures?

Gardner switched the gun to his left hand and fired over his shoulder
While understandable in the circumstances… YIKES! Definitely a problematic shot: no idea of where your muzzle is pointed, no idea of what’s behind your target, you might very well shoot yourself, AND off-hand.

I’m glad he made it. Would be better if he learned some hand-to-hand that would allow him to escape and create distance – definitely safer for him.

Also glad the DA made the good call.

If you follow ASP, you know the value of OC spray… the jerk sauce buys you options. Unholster if you have to, but much better to never make the news.

    Andy in reply to Andy. | June 2, 2020 at 7:43 pm

    ok cowboy down voters- PLEASE PLEASE unholster your penis replacement every time you get in pickle and we’ll see you in the news while legal fees run you into bankruptcy or you end up in jail because the prosecutor and the jury didn’t see it your way. Everybody is fucking John Wayne on the internet.

      txvet2 in reply to Andy. | June 2, 2020 at 8:09 pm

      Whatever, but a live “protestor” with pepper spray in his eyes (IF you manage to hit him over your shoulder while he’s riding on your back, without spraying yourself in the face in the process) is a lot more likely to sue you than a dead looter.

      Kevin in reply to Andy. | June 2, 2020 at 10:03 pm

      I suppose you would have handled this differently and talked the looter into surrendering himself, Mr. Large Cock? The reason we have a 2nd amendment is for times exactly like these. Gardner didn’t ask to be attacked. Why should he end up getting his brains beat out by Junior showing his machismo to his pals? He put himself in the situation, he got shot and killed. If looters invades your home or business, they forfeit any consideration for their well-being. You be the big dick hero with your head beat in. I’ll take my chances defending myself with any weapon at hand.

His “CCW permit was expired”. Oh BOO HOO! Why do the lib-weenies even report that? Pathetic! His 2A permit has been valid since 1791.

    Sanddog in reply to MrE. | June 2, 2020 at 1:31 pm

    Yeah, according to the left, you need permission from the state to defend yourself and if that permission is expired, you’re supposed to take your beating (or whatever) like a good little boy.

      While I wouldn’t want to see it for Gardner, it could make for a cause-advancing Supreme court case … as in the gun-control lobby could claim it was an unlawful killing because Gardner’s CCW was expired and the defense argues it was his 2A right to carry / defend himself. Might put this 50-state CCW (reciprocity) nonsense out of it’s misery and authorize constitutional carry nation wide. In light of these riots, the time has come …

        healthguyfsu in reply to MrE. | June 2, 2020 at 4:40 pm

        If they did that, they’d be wasting their money.

        Expiration of a permit doesn’t negate the right to self defense. Even a person who couldn’t legally own an firearm has a right to self defense by any means necessary if the situation warrants.

          healthguyfsu in reply to healthguyfsu. | June 2, 2020 at 4:42 pm

          I kinda see what you are saying now, but they’d have to be monumentally stupid to try and charge that hill. Of course, considering the subject…

    Andy in reply to MrE. | June 2, 2020 at 7:52 pm

    He’s the owner/family. No sure about there, but you usually don’t need a CCW if it’s your own premises, so not really salient.

BREAKING: George Floyd Was On Fentanyl And Had Methamphetamine In His System Causing Heart Attack According To New Report

    The truth is irrelevant.

    Another incident will come along. This is about organized revolution, with financial ties right up to the highest levels of government and liberal billionaires.

    Take them down.

This illustrates why we should be skeptical of the MSM/DNC axis-approved Narrative on George Floyd. Lying comes naturally to the army of Joseph Goebbelses that make up the media. The harder they push the Narrative that Floyd was the victim of bad policing the more I am inclined to believe they are hiding inconvenient facts.

    Once we learned that the cop and the victim were well known to each other and worked at the same night spot we knew that there had to be more to the story.

      Milhouse in reply to rabidfox. | June 3, 2020 at 8:22 pm

      We haven’t learned that. There is no indication that they knew each other. They worked at the same establishment, but not together, so they may never have met. And even if they’d casually seen each other a few times, that wouldn’t necessarily lead to either of them recognizing the other when meeting in a very different context.

    J. Maccabee in reply to Recovering Lutheran. | June 3, 2020 at 11:14 pm

    Fox News is the Joseph Goebbels Memorial Network. Their motto is “lie a minute but, we’re trying to pick up speed.

    J. Maccabee in reply to Recovering Lutheran. | June 3, 2020 at 11:31 pm

    By the way, with respect to Mister Floyd, a non-violent criminal act does not carry the death penalty for a subdued arrestee. You wouldn’t excuse this jackass cop and his enablers if it was your father, or uncle, or brother, even if it was you and you were drunk. Even if the cop wet his pants in fear. Trying to conflate Floyd’s murder with Scurlock’s self-inflicted termination during the commission of a burglary (felony), assault of the father, and possibly attempted murder of the store owner demonstrates your willingness to believe any lie or fantasy that supports your self-described racist attitudes. Why don’t you watch the movie “Watermelon Man” or “Do The Right Thing.” Maybe you can think about your illogical views a little better?
    By the way, would you or any of your relatives have done what these lousy cops did? If so, and you consider yourself a Christian, you’re faking it, not living it.

IneedAhaircut | June 2, 2020 at 1:31 pm

Scurlock (the dead guy) was not a protester, he was a vandal and violent attacker. He wasn’t singing “give peace a chance” when he was destroying property. He wasn’t saying “can’t we all just get along” when he attacked the bar owner.

At a minimum a cautionary tale for everyone.

I am hoping Andrew Branca will weigh in on this case.

    Milhouse in reply to clinkmd. | June 3, 2020 at 8:27 pm

    I don’t see what there is for him to comment on. It seems pretty straightforward, from Gardner’s point of view. Now had Scurlock killed Gardner I’d have liked to see Mr Branca’s analysis, since based on the facts reported here it seems to me that from Scurlock’s point of view he was being a hero, acting to defend himself and his fellow protesters from an armed aggressor who would otherwise have shot them. And if he were the living defendant and Gardner the dead victim, that’s the point of view that would be relevant. All the presumptions would swing the other way.

Self-defense, or an elective abortion, planned, perhaps. Ah, the former.

The bar owner is fortunate that the county attorney is an honest and scrupulous prosecutor and not playing this for political gain (Duke lacrosse team, George Zimmerman, etc.) or to appease the mob.

    healthguyfsu in reply to clinkmd. | June 2, 2020 at 4:49 pm

    It’s actually not that rare when you live in a nice red state like Nebraska. Notice how the biggest problems are happening in these big blue urban jungles?

    I’m in purple Virginia, and I get the sense that 10 years ago I’d have no problems. Right now, the usual suspects are testing the waters a bit to figure out what they can get away with. Something could explode very soon with a lousy governor like Northam and a Dem legislature.

“How dare he defend himself!!!”

G. de La Hoya | June 2, 2020 at 2:06 pm

Unfortunately, this bar owner will have a bullseye placed upon his back. Sad 🙁

I suppose this means we can expect another round of riots. Or an escalation in the current round.

    clinkmd in reply to JHogan. | June 2, 2020 at 3:15 pm

    “I suppose this means we can expect another round of riots. Or an escalation in the current round.”

    Businesses all over the city sent employees home early. We cancelled our last surgery of the day and got everyone out. Officials recommended that residents of downtown and the Old Market area (where the shooting took place) evacuate.

    There were protests last night and a few arrests, but no major incidents. County Attorney Klein laid out an unarguable case for self defense and that, contrary to rumors, there was no evidence of any racial component.

    I don’t know if we’re out of the woods yet, but at least they didn’t burn down the National Historic District that is the very heart of the city.

      hrhdhd in reply to clinkmd. | June 2, 2020 at 8:08 pm

      The black guy chose to attack the white guy. I don’t see a racial component in the usual use of the phrase.

    This isn’t over by a long shot.

    Until people are hungry – literally – we are in a street war.

    It’s war. We’re here.

    On the upside: obama stocked the government with billions of bullets, and bizarrely armed every agency with machine guns.

    Thanks, barry! (We know they were meant for us, but they’re coming your way now.)

      I believe we have been in a hot civil war since the 1960s, albeit sporadic and with a low death toll. But it is a civil war, and the killers on the Left enjoy considerable financial and legal support. Recall that 1960s terrorists like Bill Ayers and Kathy Boudin received very lenient treatment and easily got cushy government jobs after serving very little time. Imagine Adolf Eichmann, Eduard Wirths and Julius Streicher getting similar deals from the Allied powers after WWII.

        The FBI broke the law while pursuing those terrorists. They caught them but charges were thrown out. Remember “guilty as sin, but free as a bird”? That was Ayers.

Meanwhile in south Florida

Word to Pawn Shop Owners, secure your guns when you close up shop

Has Gov. Whittmer shut down the sales of spray paint, she had no issues shutting down the sale of seeds and garden supplies?

broomhandle | June 2, 2020 at 4:31 pm

When he jumped on that guy he was just trying to get a sammich.

My first thought in watching the grainy video? You could almost imagine Gardner as George Zimmerman and Scurlock as Trayvon Martin. Weird.


Fauci the Clown has announced that this dead guy was working on the coronovirus cure, and had it down to one more experiment when, he needed a drink to power him through one more night of intense research.

The vaccine has died with him. Fauci the Clown is still around.

Barry Soetoro | June 2, 2020 at 5:49 pm

Warning shots are a waste of perfectly good ammo. The bar owner could have lawfully taken out three of these predators.

“killed a protester rioting thug.”