Name: Douglas County Attorney calls death 'senseless, but justified', no charges in shooting of protester
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Douglas County Attorney calls death 'senseless, but justified', no charges in shooting of protester

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AdvertisementDouglas County Attorney calls death 'senseless, but justified', no charges in shooting of protesterHide TranscriptShow Transcript&gt;&gt; THERE WAS A CONSENSUS ABOUT THE EVIDENCE THAT WE HAD AT THIS TIME, IN THIS CASE, AND THAT WAS THAT THE ACTIONS OF THE SHOOTER, THE BAR OWNER, WERE JUSTIFIED. JULIE: THAT’S DOUGLAS COUNTY ATTORNEY, DON KLEINE, AND HIS DECISION NOT TO PRESS CHARGES, FOR NOW, IN THE OLD MARKET SHOOTING. THANKS FOR JOINING US. I’M JULIE CORNELL. ROB: I’M ROB MCCARTNEY. THE GUNFIRE CAME DURING THE HEIGHT OF THE DOWNTOWN PROTESTS SATURDAY NIGHT. PROSECUTORS SAY BAR OWNER, JAKE GARDNER, BELIEVED HIS LIFE WAS IN DANGER WHEN HE PULLED THE TRIGGER NEAR 12TH AND HARNEY. KETV NEWSWATCH 7’S MICHELLE BANDUR BEGINS OUR LIVE TEAM COVERAGE, WITH A BREAKDOWN OF THE VIDEO SHOWN BY PROSECUTORS. MICHELLE: DON KLEINE SAYS THE SHOOTER TOLD THEM HE WAS IN FEAR FOR HIS LIFE, AND AT THIS POINT, FROM THE EVIDENCE THEY’VE SEEN, THEY BELIEVE HE WAS JUSTIFIED, BUT HE STILL URGES THE PUBLIC TO SEND ANY EVIDENCE THEY MAY HAV &gt;&gt; IT IS IMPORTANT TO THEM, IT IS IMPORTANT TO US. THESE GUYS HAVE EARNED THE RIGHT TO HAVE SOME TYPE OF CLOSURE. MICHELLE: WE ARE HAVING TROUBLE SHOWING YOU THE STORY. WE WOULD LIKE TO SHOW YOU THE VIDEO, BECAUSE IT REALLY BREAKS DOWN WHAT DOUGLAS COUNTY ATTORNEY, DON KLEINE, SAYS. WHILE -- WHY HE WILL NOT FILE ANY CHARGES IN THE SHOOTING OF JAMES SCURLOCK. WE HAVE THE VIDEO NOW. LET’S GO AHEAD. THE DEADLY ENCOUNTER STARTED WITH TWO SHOVES. VIDEOS INDICATE THE FATHER OF BAR OWNER, JAKE GARDNER, PUSHED A PROTESTOR, THEN SOMEONE KNOCKED THE 68-YEAR-OLD MAN BACK ABOUT TEN FEET. &gt;&gt; I WAS HOPING AND PRAYING TO GOD NO ONE PULL A GUN OUT AND DO SOMETHING, AND IT HAPPENED. MICHELLE: KLEINE SAYS HE CAN’T MAKE DECISIONS ON EMOTION, ONLY EVIDENCE. HE SAYS THE VIDEOS TELL THE STORY. &gt;&gt; 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 EVIDENCE WE HAVE. MICHELLE: KLEINE BREAKS DOWN THE EVENTS WITH THE VIDEOS. AFTER THE PUSH, KLEINE SAYS JAKE GARDNER SHOWED HIS WEAPON. THAT’S WHAT GOT THE ATTENTION OF 19-YEAR-OLD ALAYNA MELENDEZ. &gt;&gt; AS SOON AS I HEAR THERE’S A GUN, I RUN OVER. MICHELLE: IN THE VIDEO, YOU CAN SEE MELENDEZ GRAB GARDNER FROM BEHIND AND TACKLE HIM. SHE SAYS SHE WAS TRYING TO KEEP GARDNER IN THE GREY T-SHIRT FROM FIRING THAT WEAPON. &gt;&gt; AS SOON AS PULLED TO THE GROUND, PEOPLE GATHERED AROUND US, AND HE GOT HIS HAND POSITIONED IN A WAY AND JUST SHOT. MICHELLE: KLEINE SAYS GARDNER SAID HE FIRED TWO WARNING SHOTS. IN THE VIDEO, SCURLOCK, IN THE BLACK T-SHIRT, CAN BE SEEN LEAPING FROM THE CURB ON TO GARDNER’S BACK. SCURLOCK PLACES GARDNER IN A CHOKEHOLD. &gt;&gt; YOU CAN HEAR THE BAR OWNER WHEN HAS MR. SPURLOCK ON TOP, "GET OFF ME, GET OFF ME, PLEAS GET OFF ME," MANY TIMES, THEN SHOTS FIRE MICHELLE: 18 SECONDS AFTER SCURLOCK JUMPED, AND THE PAIR OF WARNING SHOTS, KLEINE SAYS GARDNER POINTED HIS GUN BACK OVER HIS SHOULDER AND SHOT SCURLOCK IN THE CHEST. &gt;&gt; THE VERY LAST SHOT THAT GOT HIM, THAT KILLED HIM. MICHELLE: MELENDEZ BELIEVES GARDNER HAD EVERY INTENTION OF USING HIS GUN, EVEN BEFORE THE FIGHT WITH SCURLOCK. SHE POINTS TO A FACEBOOK POST GARDNER WROTE AN HOUR BEFORE THE SHOOTING -- "JUST WHEN YOU THINK, ’WHAT ELSE COULD 2020 THROW AT ME?’ THEN YOU HAVE TO PULL 48 HOURS OF MILITARY-STYLE FIREWATCH." MELENDEZ SAYS AS A PERSON OF COLOR, SHE HAD NO CHOICE BUT TO TRY TO HELP. &gt;&gt; IT DIDN’T MATER IF I LOST MY LIFE THAT NIGHT. NO ONE HELPED HIM, AND I DID. MICHELLE: THIS SENSELESS DEATH LOSS OF A YOUNG MAN’S LIFE SHOULD HAVE NEVER HAPPENED. &gt;&gt; -- &gt;&gt; THIS SENSELESS DEATH LOSS OF A YOUNG MAN’S LIFE SHOULD HAVE NEVER HAPPENED. MICHELLE: ALAYNA MELENDEZ SAYS SHE DIDN’T KNOW JAMES SCURLOCK, AND REFLECTING ON THE DANGER, SAYS SHE WOULD DO IT AGAIN. SHE ALSO WENT TO POLICE WITH HER STORY AND BELIEVES GARDNER SHOULD FACE CHARGES. AGAIN, IF YOU HAVE ANY VIDAdvertisementDouglas County Attorney calls death 'senseless, but justified', no charges in shooting of protesterDouglas County Attorney Don Kleine announced Monday that there would be no charges against Jake Gardner in the shooting death of 22-year-old James Scurlock, a black man who was killed amid protests in the Old Market Saturday night. "Douglas County is a community of people I truly love. And I've been very proud of and very proud to serve as the county attorney in this this great county that we live in," he began his remarks.Kleine said the death of Scurlock was "senseless," because the situation stemmed from what was meant to be peaceful protests.Kleine said the determination has been made that the shooting was in self-defense. He said that there is video evidence that he wants the public to see and that the decision that has been made is based on all of the information the office has currently. "The other thing I would ask if there is any other evidence that people are aware of other videos. Other witnesses. Anything else that would guide us or help us in decision making process, we would still like that, to come forward because I'm going to talk to you about the decision we've made it based at this point in time," he said. They want people to call 402-444-5656.He called the misinformation he has seen on social media "troubling." Kleine said there is no audio in the office's possession that indicates any racial slurs were used and witnesses agreed. Kleine walked the audience through the footage, showing footage that he said shows the father of the bar owner, Jake Gardner pushing young people in the area, then being shoved. Gardner came up, asking, "Who did that? Who pushed my dad?" Someone was heard in the video saying, "he has a gun on him," referring to Gardner. Kleine draws attention to the fact that windows are seen broken out of the bar. Kleine said the video shows a group of people surrounding Gardner, tackling him and Gardner firing two warning shots. Kleine said Scurlock jumps on Gardner and and the bar owner fires another shot, fatally wounding Scurlock. Kleine said Gardner is heard saying, "Get off me, get off me, please get off me," before the final shot is fired. The bar owner was identified as Jacob Gardner, who owns The Hive and Gatsby's. He said they would not normally name the individual because no charges are being filed.Kleine said that he understands the emotions that surround Scurlock's death, but he has to focus on "justification for use of force." "You can't use deadly force to protect property," he said. "Deadly force can only be used if someone is in fear of their own life or serious bodily injury and they don't feel like they can retreat safely. Even if they are mistaken, if their beliefs have a reasonable basis, it's justifiable for them to use deadly force...that's what the law is." Kleine said Gardner believed Scurlock was attempting to grab his weapon. "It is a senseless death, a loss of a young man's life, it shouldn't have happened," he said. "We know that emotions are running very high...this decision may not be popular and may cause more people to be upset. I would hope that they understand that we're doing our job to the best of our ability and looking at the evidence and the law. And that's all we can do. All right, that's what the basis of this decision was it can't be based on emotions, it can't be based on anger, it can't be based on any of those things. But I would hope that this great community that we live in, will be able to get through this."Kleine said there was consensus among law enforcement that Gardner's actions were justified. He said he was disappointed to see people calling the death "a cold blooded murder.""That is not what we have here," he said.Kleine said he dreaded someone being hurt in the protests."I prayed nothing bad would happen. Always a fear, I was hoping and praying to God no one pull a gun out and do something, and it happened. It saddens me to no end to see our community go through this kind of thing," he said. One of the protesters who tackled Gardner told KETV Newswatch 7's Michelle Bandur, she had to act when she heard someone had a gun."I knew it was not going to end well," Alayna Melendez said.Melendez, 19, said she had been at the protests Friday and Saturday at 72nd and Dodge and moved downtown closer to home. "Silence is violence," she said.Melendez said as a person of color, she had to jump in to help."I grabbed him from behind and pulled him to the ground and as soon as I pulled him to the ground, people gathered around us and he had his hand positioned in a way and just shot," she said.Melendez said Gardner fired two warning shots."The very last shot, that got him (Scurlock) and that killed him," she said.Melendez gave a statement to police hoping it would help bring charges against Gardner.She also says she would do it again."I was not scared to lose my life that night. I was fully indebted to losing my life and fully aware I could have lost my life that night," Melendez said. Gov. Pete Ricketts said: "Don Kleine is a well-respected prosecutor in the law community both in Omaha and in the state. If Don Kleine doesn't believe he can bring charges at this time, I believe him. Keep an open mind. We have to heal, and move on together."Below: James Scurlock's family responds to decision not to charge man who shot, killed himDouglas County Attorney Don Kleine announced Monday that there would be no charges against Jake Gardner in the shooting death of 22-year-old James Scurlock, a black man who was killed amid protests in the Old Market Saturday night. "Douglas County is a community of people I truly love. And I've been very proud of and very proud to serve as the county attorney in this this great county that we live in," he began his remarks.AdvertisementKleine said the death of Scurlock was "senseless," because the situation stemmed from what was meant to be peaceful protests.Kleine said the determination has been made that the shooting was in self-defense. He said that there is video evidence that he wants the public to see and that the decision that has been made is based on all of the information the office has currently. "The other thing I would ask if there is any other evidence that people are aware of other videos. Other witnesses. Anything else that would guide us or help us in decision making process, we would still like that, to come forward because I'm going to talk to you about the decision we've made it based at this point in time," he said.They want people to call 402-444-5656.He called the misinformation he has seen on social media "troubling." Kleine said there is no audio in the office's possession that indicates any racial slurs were used and witnesses agreed. Kleine walked the audience through the footage, showing footage that he said shows the father of the bar owner, Jake Gardner pushing young people in the area, then being shoved. Gardner came up, asking, "Who did that? Who pushed my dad?" Someone was heard in the video saying, "he has a gun on him," referring to Gardner. Kleine draws attention to the fact that windows are seen broken out of the bar. Kleine said the video shows a group of people surrounding Gardner, tackling him and Gardner firing two warning shots. Kleine said Scurlock jumps on Gardner and and the bar owner fires another shot, fatally wounding Scurlock. Kleine said Gardner is heard saying, "Get off me, get off me, please get off me," before the final shot is fired. The bar owner was identified as Jacob Gardner, who owns The Hive and Gatsby's. He said they would not normally name the individual because no charges are being filed.Kleine said that he understands the emotions that surround Scurlock's death, but he has to focus on "justification for use of force." "You can't use deadly force to protect property," he said. "Deadly force can only be used if someone is in fear of their own life or serious bodily injury and they don't feel like they can retreat safely. Even if they are mistaken, if their beliefs have a reasonable basis, it's justifiable for them to use deadly force...that's what the law is." Kleine said Gardner believed Scurlock was attempting to grab his weapon. "It is a senseless death, a loss of a young man's life, it shouldn't have happened," he said. "We know that emotions are running very high...this decision may not be popular and may cause more people to be upset. I would hope that they understand that we're doing our job to the best of our ability and looking at the evidence and the law. And that's all we can do. All right, that's what the basis of this decision was it can't be based on emotions, it can't be based on anger, it can't be based on any of those things. But I would hope that this great community that we live in, will be able to get through this."Kleine said there was consensus among law enforcement that Gardner's actions were justified. He said he was disappointed to see people calling the death "a cold blooded murder.""That is not what we have here," he said.Kleine said he dreaded someone being hurt in the protests."I prayed nothing bad would happen. Always a fear, I was hoping and praying to God no one pull a gun out and do something, and it happened. It saddens me to no end to see our community go through this kind of thing," he said. One of the protesters who tackled Gardner told KETV Newswatch 7's Michelle Bandur, she had to act when she heard someone had a gun."I knew it was not going to end well," Alayna Melendez said.Melendez, 19, said she had been at the protests Friday and Saturday at 72nd and Dodge and moved downtown closer to home. "Silence is violence," she said.Melendez said as a person of color, she had to jump in to help."I grabbed him from behind and pulled him to the ground and as soon as I pulled him to the ground, people gathered around us and he had his hand positioned in a way and just shot," she said.Melendez said Gardner fired two warning shots."The very last shot, that got him (Scurlock) and that killed him," she said.Melendez gave a statement to police hoping it would help bring charges against Gardner.She also says she would do it again."I was not scared to lose my life that night. I was fully indebted to losing my life and fully aware I could have lost my life that night," Melendez said. Gov. Pete Ricketts said: "Don Kleine is a well-respected prosecutor in the law community both in Omaha and in the state. If Don Kleine doesn't believe he can bring charges at this time, I believe him. Keep an open mind. We have to heal, and move on together."Below: James Scurlock's family responds to decision not to charge man who shot, killed himLoading more articles...

AdvertisementDouglas County Attorney calls death 'senseless, but justified', no charges in shooting of protesterHide TranscriptShow Transcript&gt;&gt; THERE WAS A CONSENSUS ABOUT THE EVIDENCE THAT WE HAD AT THIS TIME, IN THIS CASE, AND THAT WAS THAT THE ACTIONS OF THE SHOOTER, THE BAR OWNER, WERE JUSTIFIED. JULIE: THAT’S DOUGLAS COUNTY ATTORNEY, DON KLEINE, AND HIS DECISION NOT TO PRESS CHARGES, FOR NOW, IN THE OLD MARKET SHOOTING. THANKS FOR JOINING US. I’M JULIE CORNELL. ROB: I’M ROB MCCARTNEY. THE GUNFIRE CAME DURING THE HEIGHT OF THE DOWNTOWN PROTESTS SATURDAY NIGHT. PROSECUTORS SAY BAR...

Douglas County Attorney calls death 'senseless, but justified', no charges in shooting of protester

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