Killing of James Scurlock

Killing of James Scurlock
DateMay 30, 2020 (2020-05-30)
Time11:00 pm
LocationOmaha, Nebraska, United States
Coordinates41°15′23″N 95°56′04″W / 41.2563574°N 95.9345221°W / 41.2563574; -95.9345221
TypeShooting
OutcomeGardner committed suicide
DeathsJames Scurlock
SuspectsJacob Gardner
ChargesManslaughter, attempted first-degree assault, making terroristic threats, felony use of weapon

Location of Omaha, where the incident took place, in Douglas County and in the state of Nebraska.

On May 30, 2020, James Scurlock, a 22-year-old black male protester, was fatally shot by a 38-year-old bar owner, Jacob "Jake" Gardner. The shooting took place during George Floyd protests in Omaha, Nebraska, in the Old Market area of the city. Scurlock had been among the thousands of protesters who flooded the city's downtown area.[1]

Surveillance video of the strip of bars shows a group of people, including Scurlock, being approached by Jacob Gardner, his father, and one other male in the street. Shortly after Jacob Gardner's elderly father was shoved by a man to the ground after a verbal confrontation with a woman. Gardner, who was nearby decided to investigate the altercation, then revealed a concealed handgun at his waistband, and while moving away, simultaneously verbally threatened the group, including Scurlock, to stay back. Gardner was then attacked by two members of the crowd after he turned his back on them. As Gardner and one attacker struggled on the ground, Gardner fired shots while being grappled, resulting in the attacker fleeing. Seconds later, Scurlock jumped on Gardner, with one hand holding the arm in which the handgun was being held and one arm draped around Gardner's neck.[2] Gardner asked Scurlock to get off him, and then using his left hand fired the gun over his shoulder, striking Scurlock in the clavicle, killing him.[3]

After 36 hours Gardner was released from police custody after the county attorney concluded that he had acted in self-defense.[4] The decision proved controversial amid accusations of racial motivation.[1] It has been described as exacerbating tensions in the United States, and the case was referred to a grand jury for review; a grand jury returned indictments against Gardner on September 15 on four felony criminal charges, including manslaughter.[5] Special prosecutor Fred Franklin stated that Gardner had been "threatening the use of deadly force in the absence of being threatened with ... deadly force by James Scurlock or anyone who was associated with him."[4]

On September 20, 2020, Gardner was required to turn himself in to police. Instead, he committed suicide outside a medical center in Hillsboro, Oregon, where he had moved after the incident. His death is currently under investigation by Hillsboro police and medical examiners.[6][7][needs update]

  1. ^ a b Gowen, Annie (June 3, 2020). "'What about James?' Shooting of black protester fuels more anger in Omaha". Washington Post. Retrieved September 22, 2020.
  2. ^ "Footage from Omaha shooting that killed James Scurlock". Kearney Hub. June 2020. Retrieved December 3, 2021.
  3. ^ Cite error: The named reference NBC 2020-06-01 was invoked but never defined (see the help page).
  4. ^ a b Kesslen, Ben (September 21, 2020). "Bar owner charged in killing of Black man during George Floyd protests dies by suicide". NBC News. Retrieved January 10, 2021.
  5. ^ "Grand jury returns indictments against Jake Gardner for manslaughter, attempted assault in James Scurlock death". ketv.com. September 15, 2020. Retrieved September 15, 2020.
  6. ^ Bell, Michael (September 20, 2020). "Jake Gardner, accused of manslaughter for Scurlock's death, has died by suicide". wowt.com. Retrieved April 29, 2023.
  7. ^ Vigdor, Neil; Paybarah, Azi (September 20, 2020). "Nebraska Bar Owner Who Was Charged in Killing of Black Man Dies by Suicide". New York Times.

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