Special Prosecutor Frederick Franklin announced Tuesday the results of the grand jury investigation into the death of James Scurlock. Jake Gardner has been indicted on the following counts: Manslaughter, use of a deadly weapon to commit a felony, attempted first-degree assault and terroristic threats.
Franklin said that much evidence came from Gardner himself and said that jurors learned information that "undermined" the narrative that the shooting was self-defense.
Franklin reiterated that Douglas County Attorney Don Kleine said the shooting of James Scurlock by Jake Gardner was self-defense but that the investigation may reveal otherwise. Franklin says Omaha police talked with about 60 people and went through many videos.
Franklin spoke in support of Kleine and Omaha police, saying they were helpful.
He also said that Gardner is "presumed innocent," but he believes that there is credible evidence to support the charges.
Franklin spoke about potential unrest following no indictments noting that he’d been alerted to the fact that they were people just waiting for an outcome that would reignite riotous behavior and vandalism. Franklin drew attention to the fact that Scurlock's father stated "that he did not condone it and did not want that type of behavior."
He said that this behavior is dishonoring those who have died.
Franklin said he will be in touch with Gardner's attorney to determine if Gardner will turn himself in or if he wants to be the object of the execution of an arrest warrant.