BREAKING: I am at Omaha City Hall. An announcement in the #JamesScurlock case from last May is scheduled in the next fifteen minutes. The grand jury has been deliberating for a week.
No word yet from officials. Reporters waiting on announcement. Deputies and police officers are surrounding the legislative chamber. Outside of city hall is still pretty calm too
SPECIAL PROSECUTOR FREDRICK FRANKLIN IS IN THE BUILDING: Follow along for the decision on #JamesScurlock
“I can’t make any statements until I receive a phone call. I’m expecting a call in 5/10 minutes,” the special prosecutor just said. Expecting a call from the clerk’s office.
SPECIAL PROSECUTOR: Investigation has been ongoing by OPD since the death of #JamesScurlock. They interviewed about 60 people. They got more video. All of that info was passed on to the grand jury and Fred Franklin.
The grand jury had much more information from the initial call from Don Klein.
BREAKING : Grand jury made its decision. First count manslaughter, second county use of an illegal firearm, third county attempted first degree assault and fourth count terroristic threats. #JamesScurlock
Terroristic threat charge: Verbal confrontation started by Jake Gardner against James Scurlock.
Attempted first degree assault: Tied to the “warning shot”. The second shot is the shot that the grand jurors connected here though.
Manslaughter count: This county does not rest solely on an analysis of the video the public has already seen. There was evidence that was submitted later. Franklin says the evidence even goes back before the altercation.
“I can tell you that there is evidence that undermines that (the prior decision by Don Klein),” special prosecutor Fredrick Franklin said. Most evidence coming from Jake Gardner himself.
SPECIAL PROSECUTOR TO FRIENDS AND FANILY OF JAMES SCURLOCK: “This is not a time for celebration,” Franklin said. “These are simply charges.” Says Gardner is presumed innocent until proved guilty.
ON VANDALISM: Special prosecutor says he’s sadden to see businesses boarded up months ago when Don Klein made initial decision of no charges. Asks people not to destroy property, vandalize as case continues.
NEXT STEP: Fredrick Franklin will reach out to Jake Gardner’s lawyer you see if he wants to turn himself in or if an arrest warrant has to be issued.
“Spent more time deliberating than what I expected,” Franklin said about the grand jury. There were 16 grand jury members.
“Being a racist is not against the law. He’s not indicted because he may or may not be a racist,” Franklin said.
This is a direct file to district court. Gardner is not entitled to a prelim.
Douglas County attorney Don Klein now giving a statement outside the city council building.
TONIGHT AT 10: Hear from #JamesScurlock’s family and learn more about what happens legally from this point. @3NewsNowOmaha

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