Breaking News: Grand Jury announces multiple indictments brought against Jake Gardner for the death of James Scurlock
Written by: vivian caniglia
After a week and a half of deliberation, the grand jury announced this afternoon that indictments will be brought against Jake Gardner. The grand jury was called to investigate the death of James Scurlock after he was shot and killed by Gardner during protests on May 30.
Special Prosecutor Frederick Franklin announced the indictments which include: use of a deadly weapon to commit a felony, manslaughter, attempted first-degree assault and terroristic threats.
“we demand justice”
Omaha citizens protesting the death of George Floyd on May 30th. (Photo: Andre Sessions)
In the investigation, jury members listened to witnesses and watched video evidence of the incident. In a quote from KETV, Franklin stated that the information changed the narrative that Gardner acted in self-defense with evidence showing he had intent to use a firearm for the purpose of killing another person. Franklin said he will be in contact with Gardner's attorney about a possible warrant for his arrest.
Franklin emphasized, “What the grand jury did, they understood that they had a lower, lesser burden then what happens when a person goes to trial and I’m confident that impacted how they approached this - I believe that there is competent, credible evidence to support the decision that they in fact did make.”
Douglas County District court press release
On June 4, 2020, Shelly R. Stratman, Douglas County District Court Judge, called a grand jury pursuant to the Court’s authority under Neb. Re. Stat. §§15-1633 and 29-1401 for an examination into the death of James R. Scurlock occurring in Douglas County, Nebraska on May 30, 2020. Mr. Fredrick D. Franklin, was appointed as special prosecutor to conduct an independent examination into the death of Mr. Scurlock and conduct the grand jury proceedings.
On September 8, 2020 under the supervision of Judge Horacio J. Wheelock, Grand Jurors were selected, and Special Prosecutor Fredrick D. Franklin, began conducting the grand jury proceedings. The grand jury completed its investigation on September 15, 2020, presented on their oath a TRUE BILL concluding there is probable cause for finding an indictment for violations of Neb. Rev. Stat. § 28-305(1) Manslaughter; Neb. Rev. Stat § 28-1205(1)(a)&(c) Use of a Deadly Weapon (Firearm) to Commit a Felony; Neb. Rev. Stat § 28-201(1)(b) and § 28-308(1) Attempted Assault 1st Degree; Neb. Rev. Stat. § 28-311.01 Terroristic Threats of the Laws of Nebraska. The Indictment is filed in the office of the Clerk of the District Court in Douglas County, Nebraska.
A grand jury finding of a True Bill does not determine the guilt or innocence of an accused. A True Bill is a finding that the evidence establishes probable cause to believe that a particular individual committed a crime, a grand jury then presents an indictment that formally charges the individual with a crime.
The Nebraska Legislature has provided for the judicial release of grand jury materials in only limited circumstances. The circumstances in this case do not present facts under which grand jury records may be released. Stenography notes, recordings and exhibits are preserved, sealed, and filed with the Court and are not released or made available to be viewed by the public. A transcript of a grand jury proceeding is only made publicly available in an in-custody death case. This case is not an in-custody death proceeding and a transcript may not be released, made available or viewed by the public.
Neb.Rev.Stat. § 29–1401 et seq. (Reissue 2016 & Cum Supp. 2018)
In re Grand Jury of Douglas Cty., 244 Neb. 798, 509 N.W.2d 212 (1993)
In re Grand Jury of Douglas Cty., 263 Neb. 981, 644 N.W.2d 858 (2002)
In re Grand Jury of Lancaster Cty., 269 Neb. 436, 693 N.W.2d 285 (2005)
In re Grand Jury of Douglas Cty., 302 Neb. 128, 922 N.W.2d 226 (2019)
Contact Douglas H. Johnson, District Court Administrator with questions. djohnson@dc4dc.com 402-444-7005
Special Prosecutor Fredrick D. Franklin scheduled a press conference in the Legislative Chambers located on the second level of the Omaha/Douglas Civic Center, 1819 Farnam Street on September 15, 2020 just after 5:00 p.m.