Police chief: Man who shot Omaha protester could face gun charge

Nebraska News

A “sorry we’re closed” sign sits in the entrance surrounded by broken glass at the Hive at 1207 Harney Street, near where a man was shot to death during the second night of protests on Sunday, May 31, 2020.. They were protesting the death of George Floyd at the hands of Minneapolis police. (Chris Machian/Omaha World-Herald via AP)

OMAHA, Neb. (AP) — Omaha’s police chief says a downtown business owner who is not expected to face felony charges in the fatal shooting of an unarmed 22-year-old protester over the weekend could still face misdemeanor gun charges.

Omaha Police Chief Todd Schmaderer acknowledged that possibility Monday after the county’s top prosecutor announced that business owner Jake Gardner would not be charged with a felony in the early Saturday morning shooting of James Scurlock.

The shooting happened outside Gardner’s bar, The Hive, as Gardner scuffled with protesters.

Douglas County Attorney Don Kleine said he believed Gardner feared for his life when he shot Scurlock.

Investigators have said Gardner’s concealed carry permit for the gun had expired at the time of the shooting.

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