Grand Jury Selection Begins for James Scurlock Case

Photo by Abiola Demo Kosoko

By Luis Jimenez

Grand jury selection for the murder will begin Tuesday, September 8, in the case of 22-year-old James Scurlock who was fatally shot by Jake Gardner during a Black Lives Matter protest on May 30 in the Old Market in downtown Omaha.

County Attorney Don Kleine chose not to press charges on 38-year-old Gardner within two days of Scurlock’s death. A grand jury was called after community outcry.

On June 8, Frederick D. Franklin, a long-serving federal prosecutor, was appointed as special prosecutor for the grand jury of 16 citizens and three alternates to probe the death of James Scurlock.

Presiding Douglas County District Judge Shelly Stratman appointed Franklin. The grand jury will investigate and either bring charges or no indictment against Gardner, former owner of The Hive and Gatsby bars downtown. If the jury decides not to indict, they could issue a report detailing their decision.

RECAP

Saturday, May 30, Omaha Police Department dispersed protesters from 72nd and Dodge Streets with tear gas and pepper balls. Thousands of residents were out to protest after days of national demonstrations regarding systemic racism and as a direct response to the killing of George Floyd. On the night of the shooting, a portion of demonstrators left the corner of 72nd and Dodge and regrouped in the Old Market district of Omaha. Scurlock was present was shot and killed around 11:00 pm in the Old Market.

Footage showed Gardner, an ex-Marine, and his 68-year-old father outside The Gatsby bar where windows had been broken. Gardner was the owner of The Gatsby and The Hive (at the time, but after the incident, his businesses were evicted); the duo occupied the public sidewalk as protesters retreated from 11th and Harney. Confrontation between Gardner and Scurlock transpired, ending with Gardner shooting Scurlock in the neck. County Attorney Don Kleine said he believed Gardner was acting in self-defense, though witnesses have said they saw Scurlock trying to prevent more shots from being fired.

Memorial mural of James Scurlock on 24th & Browne Streets/Photo: Luis Jimenez