Thread by @aliaconleyOWH

Press conference from Douglas County Attorney Don Kleine about to start on Saturday night’s fatal shooting of James Scurlock by suspect Hive bar owner Jake Gardner.
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Kleine speaking.
“Omaha Douglas County is a community of people I truly love. I’ve been very proud of serving this community”.
His entire office has dedicated their careers for “justice for all” for the county, “no matter what part of the county they might live in.”

Kleine denounces death of Minneapolis man George Floyd and says anger by people is understandable.

Shooting of Scurlock was “so senseless” he said.

Video evidence was obtained and Kleine wants public to see it. Asks that if others have video, please contact his office. Decision he’s made is based on evidence they have currently.

There’s a lot of misinformation out there about this case.
There’s been social media by politicians calling this a “cold-blooded murder.” Those people haven’t seen evidence in case, Kleine said.
It’s “irresponsible, reckless & dangerous to community.”

“We have what we have” and that’s because it was sent in to OPD.
Has security video, one video taken by a cell phone, other video from an office downtown - which Kleine clarifies isn’t relevant.

Kleine says there’s no audio they have that shows any racial slurs.
A protester told authorities there was no “racial tone” to the conversation between Gardner and group of protesters.

Kleine showing security video now outside Hive.
Owner of bar runs to father, who was just pushed to ground. Everyone gathers.
Gardner backing up down the street with people coming toward him.

Two people tackle Gardner and push him down.
Gardner fires two shots.
Scurlock jumps on top of Gardner.
Gardner fires a shot over the back of his head at Scurlock who was behind him and hits Scurlock in the clavicle.
OPD officers soon arrive.

Kleine says Scurlock maintained a choke hold on Gardner for a couple seconds, then Gardner fires his third shot, which strikes Scurlock, killing him.
Three casings found at scene.
Audio from another video: Gardner can be heard saying, “Get off me, get off me.”

The security video, which has no audio, is the “best evidence” Kleine has at this time.
Has also pieced together other videos from nearby and before/after the shooting.

No one is justified in Nebraska to use deadly force to protect your property, like if someone steals something, Kleine says.
But can only be used in situations and is justifiable if someone is in fear of their own life or serious bodily injury or they don’t feel they can retreat.

“We’re in a situation because of what’s gone on in the community in the last week...certainly creates a lot of emotions, frustrations that deal with a lot of other things besides just this case. We have to look at the evidence we have in this case and the law,” Kleine says.

Gardner was interviewed with lawyers. Told his version of events: Said initial shots were warning shots. Someone jumped on his back, doing a chokehold, said to get off, thought he was in danger of his life and fired shot in self defense.

“Every case has to be looked at separately,” Kleine says.
“We certainly wish that none of this would have happened. It is a senseless death...of course should have never happened...but it did happen.”

Kleine said he viewed videos with homicide detectives and OPD command staff and there wasn’t any big disagreement that this wasn’t self-defense. There was a consensus.

“We know that emotions are running very high right now,” Kleine said. “I would hope that this great community that we live in will be able to get through this and there won’t be any disruption.” Says they’re doing their job to the best of their ability.

Kleine says Gardner said he didn’t know if others had a gun, said there was a struggle over the gun. Others knew Gardner had a gun, he said.

Kleine looked for any evidence of instigation or slurs.
Protester said “I’m not a fan of the police department but I was there and I didn’t hear anything like that (slurs) when I was standing there,” Kleine says.

Gardner says, “Who pushed him?” to the group. Trying to figure out who pushed his dad.
Audio also shows Gardner saying something to the effect of, move on, let’s move on.
Gardner made it clear to them that he was armed, showing gun, Kleine said. Had CCW previously, but expired.

Gardner fired third fatal shot with left hand, over his right shoulder.

Kleine met with Scurlock’s family this morning and showed them the video. His father “didn’t say much,” but he was appreciated to see video, Kleine says.

On social media misinformation: “This wasn’t somebody who walked out and was trying to hunt somebody down,” Kleine said. “That’s not what we have here, at the very least.”

Kleine said he welcomes other video but it would have to be “substantially” different from the evidence they currently have to change his mind.
Consensus from law enforcement officials that it was self-defense.

People have a right to protect their house, business, but there’s a line - you can’t use deadly force in that situation.
But, Chief Deputy Brenda Beadle said you have to look at all factors of the night and what was happening.

Businesss was damaged immediately prior this incident, Kleine said. At 10:56 p.m., vide, shows a man who is friends with Scurlock, push Gardner’s dad down.
Minutes earlier, some people were breaking the business’ windows.

Gardner’s dad said something like, get out of here, leave, pushed someone twice.
Then someone, who prosecutors believe is an associate of Scurlock, pushed the dad to ground.

Kleine is aware of Gardner’s Facebook post saying “military-style firewatch.”
Kleine said he had to make announcement about charging decision now because it’s their job. (It’s the law, too — can’t hold someone in custody longer than a few days without charging them).

Says he has a job to do, “even if they might be difficult decisions, even if they might be unpopular decisions.”
Kleine wonders about narrative that Scurlock & others are trying to disarm Gardner. According to video, Gardner is walking away from group. It doesn’t fit with facts.

Manslaughter charge applies during a sudden quarrel or if a criminal assault kills someone. But that doesn’t take away looking at the justification of the incident.

“There isn’t any question in my mind that there is a great problem in our country with racism. I wish I had the answer but everyone plays a part in this,” Kleine says one issue is that people don’t know each other, interact with each other.

“The color of someone’s skin makes no difference to me,” Kleine says, adding that his office doesn’t look for the race of a suspect. Hopes that the history of the work by his office stands for itself.

Gardner was in custody from time of incident Saturday night until late Sunday night when he was released.

On Douglas County clerk closing: “I would hope that we don’t have to evacuate the courthouse because of fear. I would hope people would be sensible and understand what we’re doing here and what our job is. We’ll learn something from this and we’ll move forward, not backward.”

There’s a bigger picture that people are upset about, not just criminal justice system, Kleine says. It’s important to have a dialogue and he meets with people from all over the community. “It’s a situation of trust.”

Kleine said he prayed before Saturday’s fatal shooting.
“I was hoping and praying to God that no one would pull a gun out and do something, and it happened. It saddens me to no end to see our community have to go through this kind of thing.”

Gardner told authorities what he did and the evidence can’t disprove that.
People CANNOT use deadly force if someone breaks your window or is about to, Kleine reiterates. Call 911.
This was not that, Kleine said.