Jake Gardner Died by Suicide, Say His Attorneys

Protests took place outside Attorney Don Kleine’s neighborhood voicing citizen concern over the initial ruling of self-defense in the killing of James Scurlock. Image courtesy of Abiola Kosoko.

BY ADDIE COSTELLO

According to his attorney Stu Dornan, Jake Gardner has died by suicide, five days after a grand jury indicted Gardner. He was indicted on counts of manslaughter, use of a deadly weapon to commit a felony, attempted first-degree assault, and terroristic threats. 

Gardner had not been arrested on those charges and no warrant for his arrest had been issued, though the paperwork for a warrant had reportedly been started. Gardner had been asked to turn himself in and his attorneys say, he was anticipated to do so Sunday.

In a news conference Monday night, Gardner’s attorneys explained their client had been living in Northern California, since the announcement of no-charges from the county attorney several months ago. However, Jake Gardner’s body was found in Hillsboro, Oregon. At the time of publication, the official cause of death “is still under investigation” according to the Hillsboro Police Department in charge of the investigation. In the Omaha press conference led by Gardner’s attorneys, it was said Gardner made his way to Oregon due to the forest fires burning in the west. He was in the process of getting to an airport to fly back to Omaha and to turn himself in.

The Scurlock family waited months for Gardner to receive charges in the killing of James Scurlock, which occurred on May 30, and many community members were upset with the delay in issuing an arrest warrant for Gardner even after charges were brought.

Douglas County Attorney, Don Kleine, did not pursue charges against Gardner several months ago because he determined the shooting was in self-defense after interviewing a limited number of people. Kleine’s decision in the Scurlock case led to multiple city-wide demonstrations, one of which led to the mass arrest of over 100 protestors. A grand jury decided charges against Gardner should be pursued after hearing evidence presented by prosecutors who interviewed 60 witnesses.

Justin Wayne, the attorney for the Scurlock family, voiced his frustrations in the lack of action to arrest Gardner on Twitter last Wednesday night.  “ATTORNEYS: Next time you have a client with a warrant say we want the ‘Jake Treatment,’ ” wrote Wayne.

We will be following this story as it develops. Today Special Prosecutor Fredrick Franklin is expected to make a statement tomorrow, September 23.