No charges will be filed against Omaha bar owner who fatally shot protester, Don Kleine says
Source: Omaha World Herald
By Todd Cooper
The white bar owner who shot and killed a 22-year-old black Omaha man fired in self-defense after ending up on the ground in the middle of a group Saturday night, Douglas County Attorney Don Kleine said Monday.
In turn, Kleine said, Jake Gardner, owner of The Hive bar near 12th and Harney Streets, will not be charged in the death of James Scurlock. Kleine said he reviewed the evidence and interviews with witnesses and determined that Gardner had acted in self-defense.
Kleine played video of the confrontation at a 1:30 p.m. press conference, currently underway.
A law enforcement official with knowledge of the video gave this account:
A police officer walks west on Harney Street on Sunday in front of the Dubliner, The Hive and Gatsby on the 1200 block of Harney Street where a man was killed during the second night of protests. They were protesting the death of George Floyd at the hands of Minneapolis police.
CHRIS MACHIAN/THE WORLD-HERALD
Read more: https://www.omaha.com/news/crime/no-charges-will-be-filed-against-omaha-bar-owner-who-fatally-shot-protester-don-kleine/article_8e71702d-d5bf-544e-9fac-26108ac81a24.html
Initech
(100,079 posts)hack89
(39,171 posts)self defense is pretty straight forward. He also fired warning shots.
Kaleva
(36,307 posts)Most gun experts and gun training organizations strongly advise against it.
oldsoftie
(12,548 posts)Sad that it had to be that way, but when you're on your back being threatened its a scary thing.
OneCrazyDiamond
(2,032 posts)Don't shoot them.
jorgevlorgan
(8,300 posts)The man had him in a chokehold and was probably going for his gun. This was definitely self defense.
hack89
(39,171 posts)he was telling rioters to move on - to leave his business alone. There is nothing wrong with that - you shouldn't have to stand there and watch everything you have go up in smoke.
LanternWaste
(37,748 posts)And thank God for these small-minded citizens' inability to see beyond one and only one response. The alternatives would be... well, let's not confuse ourselves with alternatives, and instead rest with the Hobson's Choice you so rationally offered.
:
hack89
(39,171 posts)That would be high on my list of things not to do.
discntnt_irny_srcsm
(18,479 posts)Looks to me like a clear case of self-defense.
Steelrolled
(2,022 posts)We could all use some pointers.
Dr. Strange
(25,921 posts)kimbutgar
(21,155 posts)kacekwl
(7,017 posts)and their property. Things go wrong when you break the law. Goes for all sides.
WhiteTara
(29,718 posts)going to own that bar, or at least get all the money from the sale when that POS goes bankrupt from the civil lawsuit.
Ptah
(33,030 posts)oldsoftie
(12,548 posts)He'll certainly get sued; plenty of blood sucking lawyers out there just waiting.
But if he's smart, he'll start unloading his assets just in case theres a decision against him. Which I'm sure would be appealed anyway.
WhiteTara
(29,718 posts)and one gets killed. Okay.
oldsoftie
(12,548 posts)WhiteTara
(29,718 posts)Jake Stern
(3,145 posts)This guy attacked the bar owner, not the other way round.
I hope Nebraska has a law similar to the one Colorado has where a criminal nor his family can sue the victim of that person's criminal activity for injuries incurred during the commission of that crime.
WhiteTara
(29,718 posts)and with all the chaos, I got rather lost in the narrative.
I won't look at many of those murder videos.
rockfordfile
(8,704 posts)WhiteTara
(29,718 posts)reality check.
Judi Lynn
(160,542 posts)oldsoftie
(12,548 posts)oldsoftie
(12,548 posts)Jake Stern
(3,145 posts)Other than to smear someone who did what he had to do to stop from being murdered by the dead guy and an unruly mob?
Unless some other video comes out the evidence and eyewitness accounts back up the claim that he was justified in using lethal force to protect his life and property.
Kaleva
(36,307 posts)Both father and son thought windows of the bar were being shot out and they rushed outside. I don't understand why anyone would rush out, exposing themselves, when there is alleged gunfire.
"Windows were shattered at the Hive and both Jake and David Gardner told police that they thought someone had shot out the windows. It turned out that the windows were broken when someone hurled rocks and an Old Market signpost at them.
Gardner and his father rushed outside, past the bouncer, who was guarding the door. "
Despite thinking there was gunfire, the elder Gardner gets physical with someone in the the group.
"David Gardner, 68, exchanged words with people in Scurlocks group. He didnt push Scurlock but twice pushed someone in Scurlocks group."
Despite being in close proximity to others, Jake Gardner shows he has a gun. A general guideline called the "21 Foot rule" comes into play here. One may argue that Jake Gardner escalated the situation by drawing the gun. Use of deadly force wasn't justified at this point and this was taking place on public property.
"Walking backward, Gardner lifts his shirt to show a handgun, then pulls it to his side and continues backing up. "
David Gardner fires two warning shots. The firing of warning shots is illegal in many states. There may be no law against it in Kansas but I think most everyone in the gun world believes that firing warning shots is a major fuck up.
"He fires twice into the air he characterized them as warning shots in an interview with Omaha police. The two people run away from him."
https://www.omaha.com/news/crime/no-charges-will-be-filed-against-omaha-bar-owner-who-fatally-shot-protester-don-kleine/article_8e71702d-d5bf-544e-9fac-26108ac81a24.html
while Jake Garnder most likely received extensive training on the use of various weapons in the military, I think his training on use of firearms in the civilian world for self defense purposes is minimal at best.
oldsoftie
(12,548 posts)He could be charged, in many states, with unlawfully discharging a firearm. Dont know about Kansas
Kaleva
(36,307 posts)Even if there is no state law against it, I'm unaware of any gun expert or gun training organisation that promotes the use of such. I can find many that strongly advise against it.
Devil Child
(2,728 posts)Your research has produced sensible results.
Devil Child
(2,728 posts)Thankful he had the means to defend himself otherwise hed be dead on the street.
Kaleva
(36,307 posts)There are no reports of the protesters trying to enter the establishment and the entrance was guarded by a bouncer armed with a bat.