Omaha, Nebraska — A White business owner charged with manslaughter for fatally shooting a Black man during protests in Nebraska has died by suicide days after his indictment, his attorney said Sunday. Kleine said that the shooter was justified in shooting Scurlock at about midnight Saturday. Man charged in fatal shooting of Black man during protest in Omaha kills himself, lawyer says. What went wrong with polls in 2016? Franklin said he hoped the charges would not spark brand-new demonstrations in Omaha. @3NewsNowOmaha pic.twitter.com/a1kcv6Knss, Kleine: the situation around Mr. Floyd's death creates a lot of tension within the community but he says he has to look at the evidence in this case.@3NewsNowOmaha. The white Nebraska bar owner who fatally shot a BLM protester in May was hit with a slew of charges today– more than a month after prosecutors deemed the killing was self-defense. 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. He has made a name for himself in the media world as a writer and editor, relentlessly covering various topics. That's when bar owner fired, killing Scurlock. 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 “Jake Gardner is a man presumed innocent as I stand here before you today.”. @3NewsNowOmaha, Kleine: immediately prior to the shooting happened (22:56 hours) shows a man with Scurlock push the bar owner's father to the ground. Dornan said Gardner told him he thought he was in a war zone outside the bar with the violence, tear gas and mass confusion. (KMTV) — The killing of James Scurlock has resonated with people across the Metro. "It's a terrible tragedy for the Omaha community, it's a terrible tragedy for James Scurlock and his family. He says it’s not based on emotions and what happened to George Floyd. Kleine says the bar owner was interviewed with his lawyer present. Kleine: what was upsetting to a lot of people involved in this case was the misinformation, calling it a "cold blooded murder. This is Gatsby surveillance. “I honestly feel that if Mr. Gardner’s dad would’ve kept his hands to himself the incident would’ve never happened in the beginning,” said James Scurlock II. Kleine showing video that shows the bar owner being tackled, regaining footing and then being tackled again. CBS Omaha affiliate KMTV reports that Dornan said Gardner suffered two traumatic brain injuries and PTSD during and from tours in Iraq. 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. Deadly force can be used if someone is in fear for their life and they can't retreat safely. After intense criticism, a grand jury was called to examine the case, resulting in the charges that were filed against Gardner. Critics had stated that Scurlock was just trying to stop Gardner from injuring anybody. Police identified the victim as 22-year-old James Spurlock. @3NewsNowOmaha, Kleine: The shooter had a carry concealed permit that expired.@3NewsNowOmaha. Kleine said he didn't hear racial slurs, witnesses agreed. ... — Jake Wasikowski (@jakewasikowski) June 1, 2020. @3NewsNowOmaha, Kleine says they looked if there were any racial slurs used by the shooter or his father at the scene and they found no evidence of that. "The grand jury indictment was a shock to him, and it was a shock to us," Dornan said. Prosecutors showed video of a scuffle involving Gardner’s dad. Special Prosecutor Frederick Franklin on Tuesday said the grand jury reviewed additional proof that Kleine didn’t have, including from Gardner’s phone and his Facebook Messenger account, along with video from inside his bar, that “was consistent with there being a deliberate killing.”, ” I can inform you that there is evidence that undermines (claims of self-defense),” Franklin said. This material may not be published, broadcast, rewritten, or redistributed. September 21, 2020 / 5:14 PM / CBS/AP Be in the know. Gardner allegedly received numerous death threats and fled to Northern California. His attorney, Stu Dornan, said in a news conference Sunday evening that Gardner's death was a suicide. An appeals court on Tuesday upheld the conviction and 10-year sentence for a man who ran a $220 million predatory payday loaning operation that... Omaha Nebraska Jake Gardner charged for fatally shooting James Scurlock. The shooter was identified as Jacob Gardner, owner of the Hive Bar and Gatsby Bar. That’s when Gardner said he was being choked and shot him once in the clavicle. © 2020 CBS Interactive Inc. All Rights Reserved. The Douglas County Attorney’s Office says the shooter was protecting himself. 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. They say witness statements and video do not indicate they were saying racial slurs. “Mr. 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. Daniel has always been known as a media jockey, founded a professional business, and a news blog covering the Apple ecosystem. Posted at 1:37 PM, Jun 01, 2020 . Dornan said Gardner, who had gone to California after the shooting, was "really shook up" after the grand jury's indictment. @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). Dornan said he advised Gardner to leave Omaha after Kleine initially announced no charges would be filed. 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. Kleine says the shooter was tackled and he fired two shots before those people get off of him and Scurlock jumped on the shooter and he was shot once in the clavicle. Kleine: his version was that he felt his life was in jeopardy. Franklin declined to provide specifics of what the new evidence shows except to say it undermines the notion of self-defense. This material may not be published, broadcast, rewritten, or redistributed. He fired two shots but didn’t hit anyone and then Scurlock jumped on his back. "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. Kleine: the law says even if they're mistaken but if the basis is reasonable to believe safety is at risk you can use deadly force.
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