James Scurlock death: Nebraska bar owner who shot protester won't be charged as he did it 'in self-defense'
OHAMA, NEBRASKA: A bar owner who made headlines after shooting a George Floyd protester to death will not be charged because he was acting in self-defense, authorities revealed.
Jake Gardner, the owner of The Hive bar in Omaha, opened fire and struck James Scurlock, 22, on May 30 according to a June 1 report by the Omaha World-Herald.
Scurlock initially jumped on Gardner's back and began choking him after the bar owner fired two warning shots, Douglas County Attorney Don Kleine said.
“Mr 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 told KMTV News.
According to him, witness accounts as well as video from the scene confirm that Gardner was backing up from Scurlock at the time of the incident and that no racial slurs were used during the deadly confrontation.
Gardner was spotted on video outside his bar on May 30 night urging the crowd of protesters to move along, sparking a verbal altercation.
After a few words are exchanged, Gardner, who has a legal gun permit, ends up on his back in the middle of the streets before firing two shots — one of which fatally hits Scurlock in the neck.
Devastated father James Scurlock Sr said he wants a full-blown investigation into his son's death.
“Once again I ask that we investigate this and I ask my people to stand by me strong but do it peacefully,” he told KMTV.
22-year-old Scurlock was shot in Omaha's Old Market section, where protesters reportedly gathered during a second straight night in response to the tragic death of George Floyd on May 25 in Minneapolis, according to the Omaha World-Herald. Scurlock later died in a hospital.
“Last night, I lost a son,” his heartbroken father said the following day. “My kids lost a brother. His daughter lost a father... We want them to go to court.”
Gardner wrote on Facebook about protecting his business amid the ongoing demonstrations downtown just hours before the deadly confrontation, the Omaha World-Herald reported.
“Just when you think, ‘what else could 2020 throw at me?’ Then you have to pull 48 hours of military-style firewatch,” he wrote.
At the time, Scurlock's father said he believed charges must be filed in the fatal incident, but urged protestors not to loot or be violent in his son's memory.
According to the World-Herald, Gardner's bar 'The Hive' is decorated with memorabilia from rock troupe 311, a band from Omaha that once performed at the establishment. However, the band released a statement condemning Scurlock's killing by one of its "longtime" fans.
“We do not stand for bigotry or prejudice of any kind and denounce these senseless killing and those responsible,” the band tweeted. “Peace, Love, Unity, and Respect. Let’s keep it that way. This hatred needs to stop, and we need to stand up and work together to end it.”
Meanwhile, a woman believed to be the mother of Scurlock's daughter took to Facebook and shared pictures of him holding their young girl while saying she couldn't believe he was no more.
“I can’t stop looking through my camera roll,” she wrote. “My baby gone.”