Prosecutor to call for grand jury review of protest killing in downtown Omaha

Nebraska News

Douglas County Attorney Don Kleine talks Monday, June 1, 2020, in Omaha, Neb., about the video playing on several monitors that shows the fatal shooting of James Scurlock on Saturday. Kleine said that Jake Gardner, who owns two bars near where the shooting happened, fired the fatal shot during a scuffle with protesters outside one of his bars. Kleine said the bar owner said he feared for his life before the shooting. (Chris Machian/Omaha World-Herald via AP)

OMAHA, Neb. (AP) — A prosecutor says he’ll call for a grand jury review of the case of a white business owner who fatally shot an unarmed black man during civil unrest in downtown Omaha.

Douglas County Attorney Don Kleine said in a news conference Wednesday that he’ll petition the court to call a grand jury to review evidence to determine whether bar owner Jake Gardner should face felony charges in the Saturday night shooting death of 22-year-old James Scurlock.

Kleine also said he’ll turn over the case to a special prosecutor.

On Monday, Kleine had announced he would not charge Gardner with a felony in the case after reviewing the video of and witness statements regarding the altercation.

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