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Special prosecutor: Jake Gardner was waiting in his bar for looters before fatal encounter

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A Lee Enterprises, Incorporated newspaper. Majority shareholder: David Hoffmann, Hoffmann Media Group.

Editor's Pick Alert

Special prosecutor: Jake Gardner was waiting in his bar for looters before fatal encounter

20200916_new_grandjury_pic_cm005

Special prosecutor Fred Franklin led the grand jury that reviewed the killing of James Scurlock in Omaha.

CHRIS MACHIAN/THE WORLD-HERALD

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Todd Cooper and Reece Ristau Omaha World-Herald

OMAHA — The night James Scurlock was shot and killed by bar owner Jake Gardner, Gardner and other people sat inside his downtown bar with a shotgun and three handguns, discussing how they would deal with looters.

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People are also reading…

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Jake Gardner has killed himself in Oregon, authorities say

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Grand jury indicts Jake Gardner for manslaughter in death of James Scurlock

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Grand jury to review shooting death of James Scurlock next week

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Cousin of bar owner talks about Scurlock's death as dozens testify at legislative hearing

Attorneys Stu Dornan and Tom Monaghan discuss their death of their client Jake Gardner during a press conference on Sunday in Omaha

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Photos: Third night of protest in Omaha amid a new curfew

Protests

Omaha police officers watch over the scene of a shooting near The Hive bar on Sunday in Omaha.

Z Long, Omaha World Herald

Protest Damage

Graffiti in downtown Omaha on Sunday. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

On Sunday, police surround The Hive, where one man was shot and killed Saturday night in the Old Market. Police and protesters clashed Saturday for a second night in Omaha. 

Anna Reed, Omaha World Herald

Protest Damage

On Sunday, police surround The Hive, where one man was shot and killed Saturday night in the Old Market. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

On Sunday, police surround The Hive, where a man was shot and killed Saturday night in the Old Market. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

On Sunday, police surround The Hive, where one man was shot and killed Saturday night in the Old Market. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

Broken windows and a street barricade at the Brandeis building in downtown Omaha on Sunday. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

Pepper-spray debris is left outside the City-County Building, 1819 Farnam St. in downtown Omaha, on Sunday. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

Windows are broken at RDG Planning & Design in downtown Omaha on Sunday. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

RDG Planning & Design, 1302 Howard St. in downtown Omaha, was damaged during protests Saturday night when rocks were thrown through the architecture firm's windows. 

Anna Reed, Omaha World Herald

Protests

A sign leftover from the previous night's protests near Crossroads Mall at 72nd and Dodge Streets reads, "Why Officer?"

Chris Machian, Omaha World Herald

Protest Damage

On Sunday, a man grabs a broom to clean broken glass at the Orpheum Theater from protests the night before.

Chris Machian, Omaha World Herald

Protest Damage

Luke Mabie, owner of Culprit Cafe, 1603 Farnam St., talks to people on the street through a broken window on Sunday morning after a night of protests Saturday caused damage in downtown Omaha.

Chris Machian, Omaha World Herald

Protest Damage

Graffiti left on the corner of 17th and Dodge Streets after a night of protests.

Chris Machian, Omaha World Herald

Protest Damage

On Sunday, people clean graffiti left by protesters on The Omaha Lounge, 1505 Farnam St., from the night before.

Chris Machian, Omaha World Herald

Protest Damage

Graffiti in downtown Omaha on Sunday. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

Broken windows at the Brandeis building in downtown Omaha on Sunday. 

Anna Reed, Omaha World Herald

Protest Damage

Windows were broken at the Orpheum Theater in downtown Omaha during protests Saturday. 

Anna Reed, Omaha World Herald

Protest Damage

Milk was spilled in the road in the Old Market in Omaha during protests over the weekend. 

Anna Reed, Omaha World Herald

Protest Damage

Omaha's Central Police Headquarters in downtown Omaha on Sunday. 

Anna Reed, Omaha World Herald

Protest Damage

Graffiti and broken windows in downtown Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Damage

A woman picks up trash left behind in downtown Omaha on Sunday. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

Broken windows in the Old Market in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Damage

Pepper-spray debris is left outside the City-County Building, 1819 Farnam St. in downtown Omaha, on Sunday. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

Graffiti at the Spaghetti Works in the Old Market in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Damage

Graffiti in downtown Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Damage

A Black Lives Matter sign in the window of The Tavern in the Old Market in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Damage

Windows are broken at RDG Planning & Design in downtown Omaha. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protest Damage

A flower is left on top of a dumpster in the Old Market in Omaha. 

Anna Reed, Omaha World Herald

Protest Damage

Police surround The Hive, the scene where one man was shot and killed on Saturday night in the Old Market.

Anna Reed, Omaha World Herald

Protest Damage

Broken windows at the Brandeis Building in downtown Omaha.

Anna Reed, Omaha World Herald

Protest Damage

A glass door is closed up at Pepperjax Grill in the Old Market in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Damage

A street barricade outside a building in the Old Market in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Damage

Windows are broken at RDG Planning & Design in downtown Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Damage

Windows are broken at the Orpheum Theater in downtown Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Damage

Broken windows at Takechi's Jewelers in downtown Omaha on Sunday. 

Anna Reed, Omaha World Herald

Protest Damage

On Sunday morning, police surround The Hive, where a man was shot and killed on Saturday night in the Old Market in Omaha. 

Anna Reed, Omaha World Herald

Protest Damage

Graffiti in downtown Omaha on Sunday. Police and protesters clashed Saturday for a second night in Omaha.

Anna Reed, Omaha World Herald

Protests

The doors to Target at 72nd and Dodge Streets remain boarded up after a second night of protests Saturday in Omaha.

Chris Machian, Omaha World Herald

Protests

Omahans protest the killing of George Floyd at 72nd and Dodge Streets at about 5 p.m. Saturday. No one was in the street, though barricades were on medians and a police helicopter was hovering overhead.

Connie White, Omaha World Herald

Protests

Protests Saturday night moved from 72nd and Dodge Streets to downtown Omaha, near 14th and Harney Streets.

Jessica Wade, Omaha World Herald

Protests

Workers clean graffiti that says "hear our voices" left by protesters the night before on the north west corner of 72nd and Dodge Streets on Saturday.

Chris Machian, Omaha World Herald

Protests

A sign is attached to a fence in downtown Omaha on Sunday hours after protesters damaged several areas.

Z Long, Omaha World Herald

Protests

An anarchy symbol was spray painted onto a building in downtown Omaha late Saturday during a protest.

Z Long, Omaha World Herald

Protests

Graffiti derogatory towards law enforcement was spray painted onto a building in downtown Omaha late Saturday during a protest.

Z Long, Omaha World Herald

Protests

Crews from Bil-Den Glass start to repair a window near 16th and Douglas on Sunday in Omaha.

Z Long, Omaha World Herald

Protests

Volunteers clean up broken glass along Douglas Street in downtown Omaha on Sunday.

Z Long, Omaha World Herald

Protests

A pile of glass collects under a broken window in downtown Omaha on Sunday.

Z Long, Omaha World Herald

Protests

Windows were broken out in several areas of downtown Omaha late Saturday and early Sunday.

Z Long, Omaha World Herald

Protests

Crews from Bil-Den Glass line a sidewalk along 16th Street in downtown Omaha on Sunday.

Z Long, Omaha World Herald

Protest Sunday

Protestors shout "I can't breathe" while occupying 13th Street in downtown Omaha on Sunday.

Z Long, Omaha World Herald

Protest Sunday

Protestors stand and sit on 13th Street in downtown Omaha on May 31 as the curfew approaches.

Z Long, Omaha World Herald

Protest Sunday

Protestors and law enforcement face-off on 13th Street in downtown Omaha on Sunday as the 8PM curfew nears.

Z Long, Omaha World Herald

Protest Sunday

A protestor walks ahead of advancing law enforcement after the 8PM curfew in downtown Omaha on Sunday.

Z Long, Omaha World Herald

Protest Sunday

Law enforcement officers stand on 13th Street in Omaha while trying to disperse a crowd after the curfew May 31.

Z Long, Omaha World Herald

Protest Sunday

A portrait of James Scurlock is held during a protest Sunday in downtown Omaha. Scurlock was shot and killed late Saturday night during a protest in Omaha.

Z Long, Omaha World Herald

Protest Sunday

A man is arrested on 13th Street in Omaha after the 8PM curfew on Sunday.

Z Long, Omaha World Herald

Protest Sunday

A man walks his dog as law enforcement works to clear the streets of protestors after and 8PM curfew on Sunday in Omaha.

Z Long, Omaha World Herald

Protest Sunday

People watch from a rooftop as law enforcement works to clear protestors from downtown Omaha after the 8PM curfew on Sunday.

Z Long, Omaha World Herald

Protest Sunday

Tear gas canisters land near protestors on 13th Street in Omaha on Sunday after the 8PM curfew.

Z Long, Omaha World Herald

Protest Sunday

Law enforcement officers turn vehicles away from downtown Omaha on Sunday after the 8PM curfew.

Z Long, Omaha World Herald

Protest Sunday

Law enforcement officers fire ordnances at a vehicle that was fleeing and nearly hit state troopers on Sunday in downtown Omaha after the 8PM curfew.

Z Long, Omaha World Herald

Protest Sunday

Dayvon Beckwith leads a chant on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Protesters lie in the road on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

A fire in a dumpster was quickly put out on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Inmates at the Douglas County Correctional Center bang on their windows as protesters march by on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

A protester throws a flash bang back to the police on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Omaha Police take down a protester on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Police chase after protesters on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Police chase after protesters on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

People lie in the road in from of law enforcement on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Officers stand on top of the Omaha Police Headquarters on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Protesters lie in the road on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Law enforcement lines up on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Diamond Davis, a friend of James Scurlock, cries in front of a line of Omaha Police on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

A man has his eyes cleaned out after getting hit with tear gas on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

People lie in the road in front of law enforcement on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Omaha Police on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

A man lies in the road in front of law enforcement on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Protesters form their own barricades on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Law enforcement can been seen through a barricade formed by protesters on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Protesters form their own barricades on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Elijah Ivy leads chants on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Diamond Davis, a friend of James Scurlock, cries on the third night of protests in Omaha on Sunday. Scurlock was shot and killed Saturday night.

Anna Reed, Omaha World Herald

Protest Sunday

A protester throws an explosive back toward the police on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

The third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

A man in a wheelchair chants on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

Protesters march past the Douglas County Correctional Center on the third night of protests in Omaha on Sunday.

Anna Reed, Omaha World Herald

Protest Sunday

A protester raises a fist on 13th Street near Jones Street on the third day of protests in Omaha.

Chris Machian, Omaha World Herald

Protest Sunday

Tear gas is fired at protesters who used road closed signs as barricades looking south on 13th Street near Jones Street on the third day or protests on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

Someone looks out the window near 14th and Harney Streets on the third night of protests in Omaha on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

Law enforcement talk to two men outside of the Omaha police northeast precinct minutes after curfew on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

Law enforcement arrests protestors at 25th and Dodge Streets on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

A car drives by with a woman raising her fist by the Omaha police northeast precinct minutes after a curfew went in affect on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

A car drives by honking with a man giving the middle finger at the Omaha police northeast precinct minutes after curfew on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

People raise their fists at a rally at the Malcolm X Memorial Foundation Visitors Center on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

People holds signs at a rally at the Malcolm X Memorial Foundation on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

Larry Duncan asks people to put their hands and their hearts up during a rally at the Malcolm X Memorial Foundation on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

A large crowd turns out for a rally at the Malcolm X Memorial Foundation on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

ReJaneeche Kellum holds a Pan-African flag during a rally at the Malcolm X Memorial Foundation on Sunday.

Chris Machian, Omaha World Herald

Protest Sunday

A man tears up listening to James Scurlock II speak about the death of his son.

Chris Machian, Omaha World Herald

Protest Sunday

James Scurlock II talks about the death of his son. 

Chris Machian, Omaha World Herald

Protest Sunday

James Scurlock II hugs Nicole Myles at the Malcom X Memorial Foundation after talking about the death of his son.

Chris Machian, Omaha World Herald

Protests

Courtney Nunes holds a message on Harney Street Sunday near where James Scurlock was shot and killed during a protest late Saturday in downtown Omaha.

Z Long, Omaha World Herald

Protests

Diamond Davis, center, is comforted as a group speaks about James Scurlock on Sunday in Omaha. Scurlock was shot and killed during a protest late Saturday in downtown Omaha.

Z Long, Omaha World Herald

Protests

A VIP member card for the Hive bar rests cut in half on Harney Street in downtown Omaha. James Scurlock was shot and killed near the bar during a protest last Saturday.

Z Long, Omaha World Herald

Protests

Brittany Baird makes a sign for James Scurlock on Sunday in downtown Omaha. Scurlock was shot and killed during a protest late Saturday.

Z Long, Omaha World Herald

Protests

A group prays Sunday near where James Scurlock was fatally shot on Harney Street late Saturday.

Z Long, Omaha World Herald

Protests

A group make signs on Harney Street Sunday near where James Scurlock was shot and killed during a protest late Saturday in downtown Omaha.

Z Long, Omaha World Herald

Protests

Officer Grobe with the Omaha Police Department gets an elbow bump after placing flowers on a vigil for James Scurlock that was behind a barrier on Harney Street. Scurlock was shot and killed during a protest late Saturday in downtown Omaha.

Z Long, Omaha World Herald

Protests

Laken Beyard writes a chalk message on Harney Street Sunday near where James Scurlock was shot and killed during a protest late Saturday in downtown Omaha.

Z Long, Omaha World Herald

Protests

An Omaha Police Officer sets near a vigil for James Scurlock on Sunday in Omaha. Scurlock was shot and killed during a protest late Saturday in downtown Omaha.

Z Long, Omaha World Herald

Protests

Officer Grobe with the Omaha Police Department places some flowers for a visitor on a vigil for James Scurlock that was behind street barricades on Harney Street. Scurlock was shot and killed during a protest late Saturday in Omaha.

Z Long, Omaha World Herald

+1 

Jake Gardner

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20200916_new_grandjury_pic_cm005

Special prosecutor Fred Franklin led the grand jury that reviewed the killing of James Scurlock in Omaha.

Jake Gardner

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IrelandUruguay, Eastern Republic ofUzbekistanVanuatuVenezuela, Bolivarian Republic ofViet Nam, Socialist Republic ofWallis and Futuna IslandsWestern SaharaYemenZambia, Republic ofZimbabwe

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