- Oct 17, 2011
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(ETA: This may be a better article putting all the pieces together.)
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While originally ruled self-defense by the local Attorney, evidence given to a grand jury, "including evidence from Gardner’s Facebook messages and materials found within his home", resulted in the manslaughter and other charges.
The grand jury examining the shooting death of 22-year-old James Scurlock during a May protest in downtown Omaha returned Tuesday with an indictment of manslaughter for Jake Gardner.
Special Prosecutor Frederick Franklin said Gardner is also being indicted on other charges including making threats and attempted first-degree assault and felony use of a weapon.
Omaha Mayor Jean Stothert released the following statement in reaction to Gardner’s indictment:
“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 victim's father has also called for restraint.
Earlier reporting on the incident:
Gardner, who was the owner The Hive at 12th & Harney, is seen on video showing the gun he was carrying in his waistband. Investigators said he said he was there to protect his business. The video also shows Gardner’s father shoving a couple of the protesters, before one of the protesters knocks the father to the ground.
According to Kleine, Gardner told investigators he thought his life was in danger when James Scurlock jumped on his back and there was a struggle. Two others had jumped on Gardner’s back a few seconds earlier and Gardner had fired what Kleine described as “warning shots.”
This one seems pretty tangled, but it's for the jury to decide.
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While originally ruled self-defense by the local Attorney, evidence given to a grand jury, "including evidence from Gardner’s Facebook messages and materials found within his home", resulted in the manslaughter and other charges.
The grand jury examining the shooting death of 22-year-old James Scurlock during a May protest in downtown Omaha returned Tuesday with an indictment of manslaughter for Jake Gardner.
Special Prosecutor Frederick Franklin said Gardner is also being indicted on other charges including making threats and attempted first-degree assault and felony use of a weapon.
Omaha Mayor Jean Stothert released the following statement in reaction to Gardner’s indictment:
“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 victim's father has also called for restraint.
Earlier reporting on the incident:
Gardner, who was the owner The Hive at 12th & Harney, is seen on video showing the gun he was carrying in his waistband. Investigators said he said he was there to protect his business. The video also shows Gardner’s father shoving a couple of the protesters, before one of the protesters knocks the father to the ground.
According to Kleine, Gardner told investigators he thought his life was in danger when James Scurlock jumped on his back and there was a struggle. Two others had jumped on Gardner’s back a few seconds earlier and Gardner had fired what Kleine described as “warning shots.”
This one seems pretty tangled, but it's for the jury to decide.
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