Douglas County Lawyer Don Kleine initially declined to prosecute Gardner, deciding that he acted in self-defense, after evaluating video of the incident and witness declarations in the days after the shooting. Kleine showing video that shows the bar owner being tackled, regaining footing and then being tackled again.
“Jake Gardner is a man presumed innocent as I stand here before you today.”.
That is what the shooter told police.
The 3 News Now Team is providing live updates via Twitter: Douglas County Attorney Don Kleine starts by saying he loves the Omaha community. The shooter was identified as Jacob Gardner, owner of the Hive Bar and Gatsby Bar.
However, Kleine asked the grand jury to take a look at the case after his choice was slammed, stating he desired individuals to have faith in the justice system. Gardner was also charged with attempted assault, making terroristic threats and using a gun to commit a felony. He said he fired first two warning shots to get people off him then someone jumped on his back trying to choke him and he fired the shot in self defense.
September 21, 2020 / 5:14 PM / CBS/AP Kleine said he didn't hear racial slurs, witnesses agreed.
Kleine says this isn't based on emotions it is based on video and facts at the scene. They say witness statements and video do not indicate they were saying racial slurs. KMTV also reports that attorneys said Gardner planned to return to Omaha Sunday evening from the Portland, Oregon area, where he was visiting his father. He added that Gardner was extremely upset and remorseful about the events that took place the night of the shooting and didn't initially know what happened to Scurlock. OMAHA, Neb. 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 said.
", Old Market business says its staying closed today. © 2020 CBS Interactive Inc. All Rights Reserved. He fired two shots but didn’t hit anyone and then Scurlock jumped on his back. Omaha Bar Owner Has Died By Suicide After He Was Charged In Shooting Of Black Man : Updates: The Fight Against Racial Injustice Jake Gardner was on the West Coast when a … Watch live @3NewsNowOmaha, Kleine's going to show video evidence of shooting and wants people to come forward if they have more video of the incident. As Kleine shows more video, I'll mention there were several police officers in many intersections downtown. Get the latest breaking news delivered straight to your inbox. What went wrong with polls in 2016? Jake Gardner — awaiting arrest after a grand jury in Omaha indicted him — shot himself outside a medical clinic in suburban Portland, Oregon, two law enforcement officials told The @3NewsNowOmaha, Video of the shooter before shots are fired outside of The Hive/ Gatsby Bar.
That's when bar owner fired, killing Scurlock.
Franklin declined to provide specifics of what the new evidence shows except to say it undermines the notion of self-defense. Dornan said Gardner told him he thought he was in a war zone outside the bar with the violence, tear gas and mass confusion. This material may not be published, broadcast, rewritten, or redistributed. Kleine says you can't shoot someone who is stealing a bike or a 12pk of beer from a gas station.
County Attorney Don Kleine said he made the decision by looking at the evidence, the interview of the shooter, and the videos of what happened.
Gardner allegedly received numerous death threats and fled to Northern California. Douglas County Lawyer Don Kleine initially declined to prosecute Gardner, deciding that he acted in self-defense, after evaluating video of the incident and witness declarations in the days after the shooting.
/ CBS/AP. "It's a terrible tragedy for the Omaha community, it's a terrible tragedy for James Scurlock and his family. Deadly force can be used if someone is in fear for their life and they can't retreat safely. Franklin said he hoped the charges would not spark brand-new demonstrations in Omaha.
That’s when Gardner said he was being choked and shot him once in the clavicle. ” This is not a time for celebration or enthusiasm. After intense criticism, a grand jury was called to examine the case, resulting in the charges that were filed against Gardner. A "sorry we're closed" sign sits in the entrance surrounded by broken glass at The Hive, near where a man was shot to death during protests in May 20202. protest against police brutality and racial injustice, Supreme Court tosses lower court ruling against organizer DeRay Mckesson, Third anonymous juror from Breonna Taylor case speaks out, Officer sues Breonna Taylor's boyfriend over emotional distress, Four D.C. cops on leave after Black moped driver's fatal crash, Families of police violence victims hold Get Out The Vote Rally. Kleine showing video evidence.
Prosecutors say Gardner did not have an active concealed carry permit but hasn’t been charged with a crime. 22:55 hours shows people breaking out their windows.@3NewsNowOmaha. CBS Omaha affiliate KMTV reports that Dornan said Gardner suffered two traumatic brain injuries and PTSD during and from tours in Iraq. First video: Outside 1207 Harney, owner comes up to people asking who pushed his dad. Police identified the victim as 22-year-old James Spurlock.
Jacob Gardner, of Omaha, Nebraska, was found dead Sunday outside a medical clinic in Hillsboro, Oregon, the Hillsboro Police Department said in a news release. These are simply charges,” Franklin said. A grand jury indicted Jake Gardner, the owner of The Hive bar in Omaha, on manslaughter and a number of other charges in the May 30 shooting of unarmed 22-year-old James Scurlock. @3NewsNowOmaha pic.twitter.com/yiH5Rh22MB, Kleine: we're talking about a civilian who is backing up, told people to get out of there, then is jumped by two people, and then choked by a 3rd (Scurlock). "Live: https://t.co/nbuihodmw1@3NewsNowOmaha, Video evidence: one from a person taping with their phone with audio, surveillance video from Gatsby's bar, video evidence from the same time showing where Scurlock was before the incident. Gardner will now either turn himself in or he’ll undergo an arrest warrant, according to the Omaha World-Herald.
He was scheduled to return to Omaha on Sunday to face the charges against him, Dornan said. First published on September 21, 2020 / 5:09 AM. "The grand jury indictment was a shock to him, and it was a shock to us," Dornan said.
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