James Scurlock: The prosecutor wants the grand jury to review the case of the Omaha bar owner who shot the black protester

“I am in no way hesitating in the decision we made in this case or in the results,” said Kleine at the press conference made available to CNN by its subsidiary WOWT.

“However, I am not afraid of letting others review a decision I have made,” he added.

However, an attorney for Scurlock’s family said the shooter had an expired concealed carry and failure to prosecute was a rush for the verdict.

“We saw a video in which anyone else would have been charged with something,” said lawyer Justin Wayne, according to WOWT. “We’re calling for a grand jury and indictment against (Gardner).”

Kleine said on Wednesday his decision to ask for a grand jury was made after meeting members of the community. He admitted that “many others do not have the same confidence in the system as I do”.

“I want to do everything I can to reassure people that the system is working the way it should work,” said Kleine.

Wayne said the move was a step in the right direction.

“We still want witnesses, videos, and evidence to be presented,” Wayne told CNN.

CNN was unable to reach Gardner or agents for comment.

Videos show the incident

Two videos show scenes from the incident. As described by the prosecution, Gardner’s father asked the protesters outside the Gatsby bar to leave and pushed one. An unknown man is seen pushing Gardner’s father back, and then Gardner intervened. Scurlock wasn’t part of that group, said the family attorney.

Gardner had a gun in his waistband and lifted his shirt to show off during his confrontation with protesters, Kleine said via video.

Two people jumped on Gardner’s back and he fired two warning shots, the prosecutor said. Within a few moments, according to authorities, Scurlock jumped into the fray. Gardner told police he had been put in a stranglehold and asked the attacker to break away from him, the prosecutor said.

Then Gardner shot Scurlock in the collarbone and killed him.

“He thought he was in danger of losing his life or being seriously injured,” said Kleine.

Kleine said that “there is no audio showing racial slurs” and after reviewing the evidence, he doesn’t feel that the owner was “someone who went out of the house and tried to chase someone”.

Wayne, the family attorney, said Scurlock was trying to protect a family member and friend.

“I certainly think none of this would have happened if the bar owner’s father hadn’t laid hands on a young person beforehand,” he said.

CNN’s Eric Levenson, Renee Valdes and Phil Gast contributed to this report.

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