County attorney to convene grand jury to review evidence in James Scurlock case

Scurlock, an unarmed 22-year-old black man and protester, was shot and killed by Omaha bar owner Jake Gardner, early Saturday morning. 

Douglas County Attorney Don Kleine said Wednesday he will petition a grand jury to look at evidence in the James Scurlock case.

Scurlock, an unarmed 22-year-old black man and protester, was shot and killed by Omaha bar owner Jake Gardner, early Saturday morning.

Kleine said he believed Gardner, who is white, feared for his life when he shot Scurlock, who jumped on top of Gardner after the bar owner had already fired two shots.

Officials had said previously Gardner would not be charged with any felonies, but could face misdemeanor gun charges.

Gardner’s concealed carry permit for the gun had expired at the time of the shooting, officials acknowledged. Because carrying a concealed weapon without a permit is a misdemeanor, it would be up to the city’s prosecutor, Matt Kuhse, to file a charge.