Gardner was charged with murder, use of firearms in a felony case, first degree assault and attempted terrorist threats, Franklin said.
The indictment is not an indication that Klein was wrong in his decision, Franklin said. After more than 60 interviews by the Omaha Police Department and evidence taken from cell phones, video footage and social media, the grand jury was presented with more information from Klein’s office, he said.
How did the shooting unfold
Two videos depict scenes from the incident. As described by prosecutors, Gardner’s father told the protesters to go outside the Gatesby bar and push one over. An unknown person can be seen pushing Gardner’s father backward, and Gardner then intervenes. Scurlock was not part of that group, family lawyer Justin Wayne said.
Gardner had a strap in his waistband and took off his shirt to show it during his confrontation with the protesters, Klein told a video.
The county’s attorney said two people jumped on Gardner’s back, and he fired two warning shots. According to officials, within a few moments, Skurlock jumped into the ground. Gardner told police he was placed in a chokehold and according to Klein, he begged the attacker to beg him.
Gardner then shoots Scarlock in the clavicle, killing him.
“He thought he was in danger of his life or serious bodily injury,” Klein said.
Klein stated that “there is no audio that we have that shows any racial slater” and, after reviewing the evidence, he does not feel that the owner was “someone who walked out and someone’s Was trying to hunt. ”
The family’s attorney Wayne said that Scurlock was trying to protect a family member and friend.
“I certainly believe that none of it would have happened if the father of the bar owner had not laid his hands on a young man ahead of time,” he said.
Grand jury was meant to show the work of the system
When he requested a grand jury in June, Klein said it was in response to conversations with members of the community.
He acknowledged that “many others do not have the same confidence in the system that I do.”
“I would like to do everything I can to assure people that the system should work,” Klein said.
But a lawyer for Skurlock’s family said the decision not to bring charges was a rush to decide and that the shooter had an expired concealed carry permit.
CNN’s Constantin Torropin contributed to this report.