White Nebraska bar owner who shot and killed a black man during BLM protests is charged with manslaughter months after county prosecutor said it self-defense

Jake Gardner, 38, was indicted by a grand jury this week for fatally shooting 22-year-old James Scurlock in Omaha, Nebraska on the side walk outside his bar on May 30

The ex-marine was also charged with attempted assault, making terroristic threats and using a gun to commit a felony 

Douglas County Attorney Don Kleine had initially declined to file charges against Gardner, a decision that sparked protests

Kleine, who was slammed for overlooking Gardner’s alleged racist history, asked the grand jury to review the case after he was heavily criticized

Special Prosecutor Frederick Franklin said the grand jury came to the decision after reviewing additional evidence that Kleine didn’t have

These included texts from Gardner’s phone, his Facebook messages and his interactions with bystanders prior to the shooting

‘There was significant evidence that was consistent with there being an intentional killing by Jake Gardner and that evidence comes primarily from him,’ Franklin said.

A white Nebraska bar owner who shot dead a black man during a chaotic night of protests has now been charged with manslaughter months after the shooting was initially deemed self-defense.
Jake Gardner, an ex-Marine, was indicted by a grand jury this week for fatally shooting 22-year-old James Scurlock in Omaha back on May 30. 
Douglas County Attorney Don Kleine had initially declined to file charges against Gardner, saying he had reviewed witness statements and video and believed the bar owner acted in self-defense. 
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Kleine, who was slammed for overlooking Gardner’s alleged racist history, asked the grand jury to review the case after he was heavily criticized. 
Special Prosecutor Frederick Franklin said the grand jury reviewed additional evidence that Kleine didn’t have, including texts from Gardner’s phone, messages on his Facebook profile and his interactions with bystanders before coming into contact with Spurlock. 
He declined to provide specifics of what the new evidence shows except to say it undermines the self-defense theory. 
‘There was significant evidence that was consistent with there being an intentional killing by Jake Gardner and that evidence comes primarily from him,’ Franklin said.

Gardner was also charged with attempted assault, making terroristic threats and using a gun to commit a felony. 
The shooting happened outside Gardner’s bar as protests and civil unrest unfolded in Omaha and across the US in the wake of the May 25 death of George Floyd. 
Authorities have said Gardner shot Scurlock outside his downtown bar as he sought to ward off any theft or property damage.
Kleine later showed reporters some surveillance video that seemed to show Gardner, his father and protesters exchanging words before Gardner, flashing a gun, backed away. 

However, surveillance video showed Gardner in a confrontation with BLM protesters outside his bar prior to the shooting. 
Gardner was shoved to the ground by two people before he fired two shots. 
Scurlock then jumped on Gardner’s back and Gardner shot him. In videos Gardner in a gray shirt is seen pointing the gun at Scurlock,  who is in a dark shirt and jeans is trying to talk him into lowering his weapon.
The person recording the video is heard yelling that he has a gun and says ‘it’s not worth it’.
Seconds later two loud gunshots are heard and the videographer quickly ducks for cover. Scurlock was shot twice in the neck.
While there was no audio with the video, Kleine said Gardner warned Scurlock to get off of him several times before he fired the fatal shot, but critics of the initial investigation said Scurlock was trying to stop Gardner from hurting anyone.
Some witnesses initially said that Gardner had allegedly ‘taunted’ protesters and went out to the sidewalk yelling ‘n****r lover’. 
Scurlock’s death sparked protests across Omaha in the days after prosecutors initially declined to file charges. 
Franklin said he hopes the charges won’t ignite new protests in Omaha.
‘This is not a time for celebration or exuberance. These are simply charges,’ Franklin said. 
‘Jake Gardner is a man presumed innocent as I stand here before you right now.’ 

In the wake of the shooting, prosecutors were accused of turning a blind eye to the Gardner’s alleged racist views and background.  
Court documents have shown that Gardner has a past criminal record stretching back to the late 1990s, which includes multiple weapons-related charges, as well as arrests on counts of assault and battery. – Enough to have precluded him from obtaining a license to carry a gun or operate a liquor bar.

Just hours before the deadly clash, Gardner posted a status update on Facebook in which he claimed that he was a marine veteran who was forced to protect his business amid the unrest
After the shooting Gardner set up a GoFundMe and set a goal for $10,000. t was seeking ‘your assistance and support’ for his anticipated legal fees. The crowd funding raised $100 before the page was taken down. I

In 2016, Gardner, who reportedly self-identifies as a Libertarian, sparked a controversy when he posted on Facebook that transgender women should not use the women’s bathroom at his establishment, unless they have had their ‘appendage’ removed and their identification legally changed.
Just hours before the deadly clash, Gardner posted a status update on Facebook about protecting his business amid the unrest.
‘Just when you think, ‘what else could 2020 throw at me?’ Then you have to pull 48 hours of military style firewatch,’ Gardner wrote.
He is a retired Marine who served tours of duty in Iraq and Haiti between 2000-2004. 
Gardner has not spoken publicly about the shooting and deleted all of his social media accounts in the aftermath.