Killing of James Scurlock

On May 30, 2020, around 11:00pm, James Scurlock and a group of protestors were in the Old Market area of Omaha, Nebraska, during the George Floyd protests. During the protest, Scurlock was filmed vandalizing inside a building, including exterior windows and interior office spaces. Scurlock was then headed east toward the corner of 13th and Harney Street near the business belonging to Jacob Gardner, a white bar owner. Gardner and his father stood guard inside his business, The Hive. After a window was broken by protestors, the two men exited The Hive and walked east down the Harney Street sidewalk. Gardner's father pushed two people, telling them to leave. Gardner's father was then knocked to the ground by one man. A verbal altercation between Gardner and a group of people he believed to be in association with the man who pushed his father ensued. Gardner positioned himself in the midst of the protestors. He lifted his shirt, brandishing a concealed handgun in his waistband. He then withdrew the handgun from his waistband and held it at his side. Gardner was then tackled to the ground by two from behind. Gardner fired two shots in the air (which he would later describe to the police as warning shots), and his two attackers fled. == Investigation ==

Initial By Saturday night, Gardner was held in police custody at the Omaha Police Department headquarters while an investigation was conducted. Kleine described what occurred in the incident, showed copies of video evidence for the audience, narrating what took place, and explained the conclusion that Gardner had acted in self-defense. City ordinance allows "Persons lawfully entitled to possess a firearm while upon the premises where he or she regularly resides or is regularly employed." without holding a concealed weapons permit. Grand jury The Scurlock family's attorney and Nebraska State Senator, Justin Wayne, asked Kleine to send the case to a grand jury. He explained Gardner should face other charges, such as manslaughter, a concealed carry permit violation, or for firing gunshots within the Omaha city limits. He met with Omaha Councilperson Ben Gray and Douglas County Commissioner Chris Rodgers to consider involving the United States Department of Justice. On June 8, Frederick D. Franklin, a federal prosecutor, was appointed to lead the grand jury investigation. Charges and Gardner's death On September 15, 2020, Gardner was indicted by the grand jury on manslaughter, attempted first-degree assault, making terroristic threats and use of a weapon to commit a felony. If convicted, Gardner could have faced a maximum of 95 years imprisonment. His reported deadline date to turn himself in was September 20. On September 20, 2020, Gardner died of suicide in Hillsboro, Oregon. He was found dead of possible gunshot wounds outside a medical center. Gardner had left Nebraska allegedly due to death threats he was receiving there, and initially stayed in Northern California but relocated to Oregon during the wildfires. He had stayed with an uncle in the Portland area prior to his death. On July 28, 2021, Gardner's parents sued the Douglas County Attorney's Office, Kleine and Franklin, alleging that comments made by Kleine and Franklin led to Gardner's suicide. On July 30, 2022 the lawsuit was dismissed by Judge John M. Gerrard, who concluded that "There is absolutely no legal basis to conclude that Franklin or anyone else is liable". == Protests ==

Scurlock's death was reported internationally as exacerbating tensions in the United States. On May 31, there was a Black Lives Matter and George Floyd protest in Kearney, Nebraska, that also included demonstrations in Scurlock's name. Signs included slogans like "Justice for James." It started at the Museum of Nebraska Art and continued to the intersection of Second Avenue and 25th Street. On June 1, 2020, approximately 300 attended demonstrations in Omaha. Many chanted "What about James?" and 80 were arrested. On June 5, 2020, local radio station KFAB posted a video showing Scurlock inside of Old Market businesses vandalizing them just prior to the incident, and interviewed Don Kleine on why his office chose not to release the video. == Reactions ==

Videos of the incident were posted on social media. On June 1, 2020, the rock band 311 and its vocalist Nick Hexum posted on social media that Scurlock was shot dead by a fan of their group, and that they did not condone the violence shown in the shooting. On June 4, 2020, a spray painted mural of Scurlock was completed in Omaha near 24th and Camden. It was created by a collaboration of over 100 artists. Another mural was created at 16th and Farnam. The owners of the building in which Gardner's bar was located evicted him shortly after the incident, alleging that Gardner had not complied with the terms of his lease. == Aftermath ==

In June 2021, the year following Jake Gardner's suicide, attorney John Pierce filed a wrongful death lawsuit on behalf of the Gardner family in Federal Court in Omaha, NE, against special prosecutor Fred Franklin, County Attorney Donald W. Kleine, the Douglas County Attorney’s Office, Douglas County, NE, and 2 retired police detectives. The lawsuit claims Gardner was denied due process, specifically of his Sixth and Fourteenth Amendment rights, largely due to Franklin’s comments who was quoted saying, “Gardner had set up an ambush inside his business, waiting on a looter to come in so he could ‘light him up.’" Pierce followed up saying "these recklessly biased and false statements by Defendant Franklin also caused Jacob Gardner to lose all faith in the justice system and end his own life for fear of an unfair trial. It is time to hold accountable those in power that abuse their power." The lawsuit was later dismissed. == See also ==