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Killing of James Scurlock

Part of George Floyd protests
Date	May 30, 2020; 4 years ago (2020-05-30)
Location	Omaha, Nebraska, United States
Coordinates	40°44′31″N 73°59′22″W / 40.741895°N 73.989308°W / 40.741895; -73.989308
Type	Shooting
Deaths	James Scurlock
Location of Omaha, where the incident took place, in Douglas County and in the state of Nebraska.

On Saturday, May 30, 2020, James Scurlock, a 22-year-old African American man, was fatally shot by white supremacist Jacob Gardner, while participating in the George Floyd protests in the Old Market area of Omaha, Nebraska.

Persons involved

• Victim, James Scurlock (c. 1998 – May 30, 2020)
• Shooter, Jacob Gardner, a bar owner
• Shooter's father, David Gardner

Incident

On Saturday, May 30, 2020, around midnight, James Scurlock was outside of a bar in the Old Market area of Omaha, Nebraska during a George Floyd protest. The bar owner, Jacob Gardner, and the bar owner's father, David Gardner, were also present. The bar owner's father pushed two protesters when asking them to leave the bar. He was then pushed to the ground by one protester, and a verbal altercation between the younger Gardner and a group of protesters he believed had pushed his father ensued. The bar owner became positioned in the middle of the group. Gardner then made it known he was carrying a concealed handgun, and held the weapon at his side in his right hand while backing up. He was then tackled to the ground from behind by two protesters. Gardner fired two warning shots into the air. Scurlock jumped at the bar owner's back and held him in what was described by authorities as a "chokehold" or "headlock." The bar owner switched his gun to his left hand and fired a third shot behind his back at Scurlock, striking him in the clavicle. Scurlock was taken to Nebraska Medicine, but died from his injuries.

Investigation

Late Saturday night through late Sunday night, the shooter was held in police custody at the Omaha Police Department headquarters while an investigation was conducted. He was not booked into jail. Douglas County Attorney Don Kleine reviewed the evidence, including interviews and witnesses. At a press conference on Monday, June 1, Kleine announced that no charges would filed against the shooter at the present time. Kleine described what occurred in the incident, and showed copies of video evidence for the audience, narrating what took place. Prosecutors stated that the shooter had once held an active Nebraska Concealed Handgun Permit, but that it had expired by the time of the shooting.

The Scurlock family's attorney and Nebraska State Senator, Justin Wayne, asked Kleine to send the case to a grand jury. He believes the shooter should face other charges, such as manslaughter, a concealed carry permit violation, or for firing gunshots within the Omaha city limits.

Aftermath

On May 31, there was a Black Lives Matter and George Floyd protest in Kearney, Nebraska that also included demonstrations in Scurlock's name. Signs included slogans like "Justice for James." It started at the Museum of Nebraska Art and continued to the intersection of Second Avenue and 25th Street.

On June 1, approximately 300 protesters demonstrated in Omaha. Many chanted "What about James?" while they were pelted by pepper spray. 80 protesters were arrested.

Nebraska Governor Pete Ricketts apologized to the black community after saying "wikt: you people" in a discussion with black leaders.

Reactions

Videos of the incident were posted on social media.

Scurlock's father, James Scurlock II, stated that he wants justice. He does not want protesters to loot or commit acts of violence in Scurlock's name.

The Scurlock's attorney Justin Wayne said, "In this community, we prosecute black and brown individuals a lot more for things like we just watched," in reference to the video of the incident shown at the press conference. Nebraska Governor Ricketts, stated that "the loss of anybody's life is a tragedy, certainly a personal tragedy for the family and a tragedy for the community." He said he supported Kleine's decision to not press charges. He suggested the public watch the incident for themselves. Ricketts called for peaceful protests.

Nebraska State Senator Megan Hunt tweeted "Don Kleine and Douglas County have made a huge mistake. James Scurlock was murdered, and his murderer should be put on trial. With this decision, our justice process never even had a chance to work."

References

1. ^ Sanderford, Aaron (May 31, 2020). "Slain protester identified; downtown Omaha assesses damage from vandalism". Kearney Hub. Retrieved June 2, 2020.{{cite web}}: CS1 maint: url-status (link)
2. ^ Lewis, Sophie (June 2, 2020). "A white bar owner in Omaha shot and killed a black protester. He won't face charges". CBS News. Retrieved June 2, 2020.{{cite web}}: CS1 maint: url-status (link)
3. ^ Kesslen, Ben (June 1, 2020). "Omaha prosecutor says white bar owner killed black protester in self-defense". NBC News. Retrieved June 2, 2020.{{cite web}}: CS1 maint: url-status (link)
4. ^ Cooper, Todd; Conley, Alia (June 1, 2020). "No charges will be filed against Omaha bar owner who fatally shot protester, Don Kleine says". Omaha World-Herald. Retrieved June 2, 2020.{{cite web}}: CS1 maint: url-status (link)
5. Georgantopoulos, Mary Ann (May 31, 2020). "A 22-Year-Old Black Man Was Fatally Shot At A Protest Against Police Brutality Outside An Omaha Bar". BuzzFeed News. Retrieved June 2, 2020.{{cite web}}: CS1 maint: url-status (link)
6. Wasikowski, Jake (June 1, 2020). "Man won't be charged in fatal Omaha protest shooting". KMTV. Retrieved June 2, 2020.{{cite web}}: CS1 maint: url-status (link)
7. Stoiber, Tiffany (June 1, 2020). "Sunday protesters march for George Floyd and James Scurlock, an Omaha protester killed over the weekend". Kearney Hub. Retrieved June 2, 2020.{{cite web}}: CS1 maint: url-status (link)
8. "Group gathers to remember James Scurlock, who was killed during Omaha protests". Omaha World-Herald. May 31, 2020. Retrieved June 2, 2020.{{cite web}}: CS1 maint: url-status (link)
9. ^ Gowen, Annie (June 2, 2020). "'What about James?' Killing of black protester fuels more anger in Omaha". Washington Post. Retrieved June 3, 2020.{{cite news}}: CS1 maint: url-status (link)
10. Lin, Summer (June 1, 2020). "No charges for bar owner in death of protester James Scurlock, Nebraska DA says". Miami Herald. Retrieved June 2, 2020.{{cite news}}: CS1 maint: url-status (link)

• 2020 controversies in the United States
• 2020 deaths
• 2020 in Nebraska
• African-American history of Nebraska
• African-American-related controversies
• History of Omaha, Nebraska
• Deaths by firearm in Nebraska
• Deaths by person in the United States
• May 2020 events in the United States
• Filmed killings
• Black Lives Matter