Special Prosecutor Frederick Franklin Details Scurlock Case in a Final Statement

An organizer speaking out against the murder of James Scurlock.

Photo courtesy: Abiola Kosoko

BY ANUSKA DHAR

In a press briefing held on September 23, Special Prosecutor Frederick Franklin made what he said was his “last statement” in regards to the State V. Jacob D. Gardner. James Scurlock, a 22-year-old Black man, was shot and killed by white bar owner, Jake Gardner, during protests over the death of George Floyd in late May.

Gardner’s attorneys stated Gardner died by suicide five days after being indicted by a grand jury. During the press briefing held today, Special Prosecutor Franklin recounted a more detailed explanation of the case than what the public had previously seen. He offered up information furnished from the investigation made by the Omaha Police Department.

He hopes it provides a better understanding of how the grand jury came to the decision they did. Franklin made it clear in today’s briefing (Wednesday Sep 23) he was not speaking on testimonies given to the grand jury, identifying witnesses, nor breaking his grand jury oath. 

According to Franklin, leading up to the confrontation between Gardner and Scurlock individuals were in The Hive, the bar owned by Gardner. Gardner was also present, and had firearms, including a shotgun and three handguns. 

Significant evidence provided in the case actually came from Gardner’s own phone, said Franklin. He exchanged texts and Facebook messages with individuals concerning the protests that were taking place downtown. Multiple references to anticipated “looters” were made, as well as how they could be dealt with, including communication about whether or not the “field of fire” from inside the bar going outside was clear. Franklin noted that the day before the shooting, President Trump tweeted, “When the looting starts, the shooting starts.” Franklin stated that there is much evidence of Gardner’s affinity for the president as well.

Franklin further emphasized parts of video evidence of the encounter filmed by a citizen protestor that reveal the lights within The Hive, which were previously on, were then turned off while Gardner was inside. While windows of the bar were indeed broken, contrary to what Gardner’s attorney has said, there was not one single attempt by vandals to go inside the property according to Special Prosecutor Franklin.

Less than ten minutes after Gardner emerged from The Hive, his father, David Gardner, confronted an individual who was videotaping damage done to nearby property. This confirms that the confrontation did not actually begin with David Gardner being attacked. Franklin added, James Scurlock had nothing to do with tackling David Gardner, nor did anyone associated with Scurlock.

Another point Franklin addressed was the claim that Gardner was acting in a clear case of self-defense. He informed the grand jury of the Nebraska self-defense statute (Chapter 28, Section 1409) to help them come to their own conclusion. The statute applies to the use or reliance of force in self-protection if the actor believes they are in danger of death or harm and is not justifiable if the actor provoked the use of force against himself in the same encounter. 

He also clarified that the delay in issuing the warrant last week was not in order to “allow Gardner to get his affairs in order,” as some speculated. He explained the mechanism by which a warrant gets issued in the context of what his team was doing is different than if the charges had come from the county attorney’s office. While there was a bit of a misunderstanding, he did end up being the one to request the warrant. 

Finally, Franklin expressed he was saddened by Gardner reportedly taking his own life, and realized that him doing so deprived the community of having the evidence play out at a trial. He then shared a quote from someone he spoke to earlier in the week, “This is just a ridiculous tragedy. We have two families devastated by the loss of a son, or brother, or father, but that’s what hate produces.” 

The press briefing was postponed a day as Franklin was waiting for a report on Gardner’s death to be provided by the Hillsboro Police Department from Oregon. However, he decided to go forward with his statement today without it, he said this is the last statement he will make concerning the case. When he does receive the death certificate, he intends to drop the pending indictments with which Gardner is currently faced.