Protests have erupted nationwide—with severe police retaliation—as thousands gather to protest the horrific murder of George Floyd, an unarmed Black man killed by the police. The incident follows decades of violence and police brutality against people of color. While protesting police brutality and racism, another young Black man was killed this weekend. In Omaha, Nebraska, 22-year-old James Scurlock was shot and killed on Saturday.
While the Omaha Police said they have taken an individual connected to the shooting into their custody, they refused to provide further information, including the suspect’s name. However, the Omaha World-Herald confirmed the shooter’s identity to be Jake Gardner, the owner of two bars located near the scene of the crime.
Tuesday, Jun 2, 2020 · 3:09:45 PM +00:00
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Aysha Qamar
Since this report, prosecutors of the case announced that Jake Gardner, the bar owner who shot James Scurlock will not face any charges because video evidence depicted he acted in self-defense, BuzzFeed News reported. According to Douglas County Attorney Don Kleine, Gardner fired in self-defense after Scurlock jumped on his back following a group altercation outside of his bar, the Gatsby.
"We certainly wish none of this would have happened," Kleine said. "It's a senseless death. A loss of a young man's life that should have never happened, but with all the events that were taking place, it did happen."
Kleine also shared that the audio from the video did not include the racial slurs, people on social media and witnesses are claiming were exchanged. "There's been a lot of misinformation out there about this case. I've seen social media put out, even by politicians ... calling the event a 'cold-blooded murder,'" Kleine said, adding that statements made without foundation are "irresponsible" and "reckless and dangerous to our community."
"The Omaha Police Department is not currently looking for any suspects," police said in a statement. "Investigators are in the process of reviewing all collected evidence, video, witness interviews and conferring with the Douglas County Attorney's office." Gardner is in custody but has not yet been charged. According to the Omaha World-Herald, hours before the shooting Gardner spoke about protecting his business on Facebook: “Just when you think, ‘what else could 2020 throw at me?’ Then you have to pull 48 hours of military style firewatch.”
Gardner, an ex-marine, has a long history of arrests and criminal charges. According to state public records, he was arrested twice in the late ’90s for traffic charges and assault in addition to being arrested twice in the years to follow for carrying a concealed weapon. His latest known public charge was for assault and battery in 2013; during his arrest, he failed to tell the arresting officer that he had a concealed handgun.
Gardner’s establishments also come with a history of controversy, including restricting transgender women from using the women’s restroom unless they had state identification or an “appendage” removed. He later called the incident a learning experience, the Omaha World-Herald reported.
Officials have not confirmed the circumstances that led to the shooting. However, local news outlets report that Scurlock allegedly broke one of the bar’s windows, causing Gardner to react aggressively with racial slurs before firing his gun, according to BuzzFeed News. Those claims have been refuted on social media. Videos of the incident were shared online in addition to people raising money for both Gardner and the Scurlock family. "He was my best friend, my go-to, he was there for me at my lowest," a woman told the Omaha World-Herald when she spoke about Scurlock. "A life for a window is not ok. No justice, no peace.”
Crowds gathered at the shooting site to mourn the loss of the young man Sunday. Despite the trauma his family continues to face, Scurlock’s father urged peace in addition to justice for his child. He told reporters Sunday that he did not want any violence or looting committed in his son’s name.
“Last night I lost a son, my wife lost a son, my kids lost a brother,” Scurlock's father, also named James Scurlock, told the Omaha World-Herald. “His daughter lost a father. All because he decided to protest against racism. There’s a lot of speculation and rumors about how this happened. I don’t really care to be honest. My family wants closure and peace. What we want is for this to go to court and get a full prosecution. We want this to go with justice and go peacefully.”
Following the shooting, Nebraska officials declared a state of emergency in order to enable a curfew statewide beginning Sunday, the Associated Press reported. The curfew restricts individuals from gathering outside between 8 PM and 6 AM. “This issue that has been going on for two days now of civil unrest, civil disobedience and criminal behavior is going to take some extraordinary measures for us to get through it,” Omaha Mayor Jean Stothert said. About 51 arrests were made during the Omaha protests, the AP reported.