OMAHA, NE (WNCN) — A protester in Omaha, Nebraska was shot and killed by a bar owner after the owner says the man jumped on his back during a scuffle. The shooter will not face charges, a county attorney says, citing that the shooter was “defending himself”.
James Scurlock, 22, was shot dead by Jacob Gardner, owner of the Hive Bar and Gatsby Bar in Omaha, according to CBS affiliate KMTV.
According to KMTV, a scuffle ensued involving Gardner’s dad. Gardner backed up and showed a gun before two people jumped on him.
Gardner then fired two shots but didn’t hit anyone. Scurlock then jumped on Gardner’s back. That’s when Gardner said he was being choked and shot him once in the clavicle, KMTV reports.
The Douglas County Attorney’s Office says the shooter was protecting himself.
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.
He says it’s not based on emotions and what happened to George Floyd.
“Shooter was defending himself when he shot Scurlock,” Kleine said.
Kleine said that the shooter was justified in shooting Scurlock at about midnight Saturday.
“Mr. 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.
KMTV reports that Gardner has since been released from police custody.
Prosecutors tell KMTV that Gardner did not have an active concealed carry permit but hasn’t been charged with a crime.
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