OMAHA, Neb. (AP) – Douglas County Attorney Don Kleine is backtracking a bit from his statement that he doesn’t expect felony charges to be brought against the white downtown Omaha bar owner who fatally shot an unarmed black man outside his bar Sat night after George Floyd protests.
Kleine said Monday that he wasn’t charging Jake Gardner in the shooting death of 22-year-old James Scurlock because video and witness statements suggested Gardner acted in self-defense during an altercation with Scurlock and several other men.
Now Kleine says he’s petitioning the district court to name a special prosecutor and call a grand jury to review evidence to determine whether charges are warranted.
It appears likely Gardner will face at least one charge. While he had a concealed-carry permit for the pistol he used to shoot Scurlock, it had expired.