Omaha Bar Owner Accused of Killing Black Protester

Late Saturday night, at 11:01 p.m. shots fired near a pub in Omaha, Nebraska struck and killed a 22-year-old black man named James Scurlock. Numerous sources including KMTV News are reporting that the owner of the pub, Jake Jack Gardner, a who says he is a former student at Humboldt State University, fired the fatal shots. [UPDATE: Humboldt State University says they did not have a student with that name in the timeframe he listed. “It’s possible he changed his name, or some other reason he’s not indicated in our records of attendance, said Grant Scott-Goforth, spokesperson for HSU]

A twitter user known as Lil Christ Kross posted video of the shooting at 1:28 a.m. Sunday morning.

According to another post by Lil Christ Kross, “Jake taunted these kids and went to the sidewalk to confront them with a gun instigating the situation… .”

Jake Gardner Linked in

Jake Gardner’s LinkedIn profile photo.

Gardner, a marine from 2000 to 2004, may have been upset because he was fearful his business would be harmed during the protests. The Daily Mail states, “Scurlock was killed outside a business that had been damaged earlier in the night.”

A screenshot purportedly of Gardner’s Facebook page shows him posting about two hours before the shooting,

Jake Gardner screenshot

According to Omaha Police, “The investigation is ongoing. Anyone with  information or video of the incident is urged to contact the Homicide Unit (402) 444-5656. Information can also be reported anonymously through Omaha Crime Stoppers at (402) 444-STOP, at or on the P3 Tips mobile app.”

UPDATE: District Attorney Declines to Charge Former HSU Student and Bar Owner Who Fatally Shot Protester in Omaha



  • Looting is cool, until someone gets killed.

    And OP “Lil Christ” gets schooled, and his myopic version of the events shot down hard in the comments.

    Maybe if more businesses defended their property with lethal force we wouldn’t have 170 gutted structures in the Twin Cities .

    • If cops stopped killing innocent people we wouldn’t have gutted buildings either.
      But white folks love to defend their property over the lives of the people they wish they could still count as property.

      • You are so racust. People don’t agree with looting and killing/beating innocent people. Just because you don’t agree with tbe violent riots does not mean you agree with the murder of Floyd. Your racism is what is keeping you from seeing this. People like you are part of the reason racism still exists. Now I am sure your racism will twist my comment and you will not open your mind to understand. Good luck.

      • I understand that some cops are idiots who failed at their job, but you unfairily asumming that all cops are idiots that kill people without probable cause. Cops are given the legal right to kill another human if they have a reasonable asumption that their life, or someone else’s life, is being threatnd. No not all cops kill inocient people.

        Email me if you want to debate about this.

        • I know that not all cops are the same but I you not speaking up and the whole force want to cover it up that how you know they need to go , you don’t clean only the bedroom if it is Infested by let say bed bugs you have to clean all the house that what we saying change the way they do there things.and I not say all black peoples are the same some Deserve it some not but when you take the school shooter peacefully and kill black people for sleeping at their own home that a problem #blm

      • Wow, if you had half a brain you’d be dangerous. Police killing innocent people? You mean the people with criminal records, broken the law, or were breaking the law? If you consider that innocent people you need help on a very serious level. Also, is your very low IQ unintelligent self seriously stating that white people value their property over the terrorists trying to destroy their businesses? I think any person that has any kind of common sense at all whatsoever would agree, they value their business over any punk waste of life maggot that is out to destroy someone else’s business.

      • YOU ARE A RACIST, THE VERY THING YOU ACCUSE WHITE PEOPLE OF BEING. Most killings, whether Black or WHITE, by cops are done because they broke the law as in criminal and refuse to obey commands to stop—a fine example of that is the rapist, car stealer, robber who would not stop when police ask multiple times and proceeded to his car for a knife. FIRST MISTAKE WAS BEING A CRIMINAL 2ND WAS NOT to OBEY POLICE, HE WAS WRONG [edit]

      • Unless your a black man killing another black man or child. More
        Black people have been killed by other black people. Why does this not make thw news. Why does BLM not protest this. Or do black lives only matter when killed by a white police officer? I am so sick of being told what I must support. I read and am informed. I will not be told by these ridiculous protester/destroyers of out cities.

    • Looting is NOT kool – ever

    • Looters are thieves breaking the law. Period. Those causing destruction of property are just as guilty. PERIOD!

  • Black Rifles Matter

    Good for him. I’ll donate to his lawyer defense. I’m sure many others will as well. [edit] He should be hailed as a hero. Fuck these people trying to destroy our country. [edit] Trump 2020. MAGA.

    • [edit] This man is a known homophobe, racist and transphobe!

      • It’s possible that BRM would count that as a character reference.

      • According to whom?

      • Do you live in Omaha and drink or frequent the HIVE BAR? how do you know him to say such things yourself?

        • I live in Omaha and have had the misfortune of visiting his bar once or twice. His bar used to book some cool local bands, until everyone in our music scene caught on to his hateful ideologies of white supremacy. I’ve heard of his family’s hatred for years and his bar was easily the most avoided/hated bar in downtown Omaha. Everything everyone is saying about his family’s racist background is true. My friends went to high school with him, and no black people or Jews were ever allowed to visit their house. Jake’s bar logo was changed years ago to hide a secret coding of the white supremacist numerical symbol “1488”. Look into it. This is not made up!

      • Reality advised

        GOODD whatever that means!

      • No evidence to back these slanderous comments. He was a Marine, a licensed gun owner and was attacked first, allegedly by “Alayna Melendez and then clearly shown in the video, Scurlock jumped on Gardner. “Scurlock was previously arrested for robbery and use of a firearm to commit a felony. Officers say Scurlock was involved in a home invasion robbery at 108 Madison Avenue in Norfolk, and threatened four residents with handguns.

        Scurlock was also found guilty of assault and battery charges in January of 2019, for which he served one day in jail. Additionally, Scurlock plead guilty to third degree domestic assault this past February, serving a 90-day jail sentence.

    • First of all, and Idk why I have to say this, but property can be replaced, human lives cannot. Also he went into the streets with a gun. He instigated/escalated that fight. That man is not a hero, he’s actually just a racist murderer….

    • Just saying, you want someone who was arrested for murder to be hailed a hero.

      On the surface, that sounds like shit that destroys a country.

      You want anarchy and lawlessness to be hailed while denouncing anarchy and lawlessness.

      Do you see how fucking stupid that is?

      • expanding insignificance

        Your world is so upside down.

      • Arrested, then cleared because it was obviously a case of self defense. And, yes, my hat goes off to someone who successfully defends himself from a three-on-one attack by thugs.

      • Amen! Karma! Jake is a sick individual !!!! Prayers for James S. ❤️❤️❤️

    • Black Rifles, the measure of a person is their heart. Not the size of any other organ nor the size of
      their gun.
      The heart is a muscle, the more you use it, the larger it becomes.

    • Cuomo 2020

    • Totally agree!

    • [edit] “Maybe if more businesses defended their property with lethal force”
      Do you realize this is in fact illegal in the state of Nebraska where this took place? Educate yourself before you open your mouth[edit]

    • Dude I support BLM and think police brutality is a major issue…that being said, if you JUMP ON A DUDES BACK as he backs away from you don’t be surprised when he defends himself. What Gardner did is tragic but legal, and it’s easy to avoid that confrontation (unlike people killed by police who are obligated by law to obey them and cannot flee…James could have walked away he chose violence).

    • Fuck these people majority of them are white! Breaking the windows etc. So go ahead a donate to a sick individual Yea Trump is so amazing look at our county now! GTFO

    • Kitty Brougham

      The hero was James – a peaceful man who destroyed no property and was trying to disarm a dangerous man who was shooting into a crowd of peaceful protesters. Yes, the bar had been damaged earlier by other people that were not around. And I certainly understand Jake being upset about that. We can’t randomly shoot guns when we are upset. Heck, we’d all be shooting all the time!

  • Hindsight being 20/20, this person probably now wished that he just stayed home.

    • Would have never made news if the protester was white…… right kym? Now it’s not cops against blacks. It blacks against whites. This is now a race war…..

      • No. If you fatally shoot anyone in a downtown area with witnesses, FOG, I guarantee it will be reported.

        This isn’t a race war. This is a protest against systemic police brutality. Both white and black people have an interest in making sure the system changes.

      • The Real Brian

        It’s obvious it’s not a race war, and your deprived state of being leads you to completely not see anything.

        Responding to you is such a waste of time.

        There are white people next to black people confronting the shooter, Gardner. Their body language implies they were trying to get Gardner out of there.

        Some people are saying he was taunting protestors (armed in town, like you), and it would seem to be the case by the little that we know.

        • The taunting claim is unverified. On the video there is an inopportune jerk of the recorder at the crucial time, so we have to rely on the audio for our clues. The videographer says, “But this nigga got a gun, bro! But that nigga got a gun! IT’S NOT WORTH IT NIGGA YOU ST…(upid?)!” as the apparent shootee gesticulates and attitudinizes in front of the shooter. People near the shootee are also trying to warn him and apparently being ignored, saying (perhaps inexact quote, corrections accepted) “Hey, he got a gun! ‘ey, ‘ey, ‘EY!” with increasing urgency and apparently trying to physically restrain the shootee. There is a room for interpretation in light of the visual hiccup but it is evident that the shootee’s companions were not impressed with his judgement. Whether or not he was doing something assaultive at the moment of the shooting we do not know. Maybe another video has that crucial bit of information. We also do not know whether the shooter or the shootee instigated the confrontation, but the shootee was evidently determined to escalate it, much to the consternation of his companions.

      • punkybrewstersmind

        Oh please. You may want one, but thats not what this is.

      • Always been

      • That’s exactly what this is. Media never even covered the elderly white couple that was murdered by a black man at a cemetery. It was racially motivated and not a peep. All that the media obsessed over was the abury case.

    • Or not jumped on someone and started hitting someone.

  • Hope they put that racist murderer down. No place in this country or world for that type of coward and hate-monger.

  • This is the levee to unchecked rioting and vandalism.
    Unfortunate but predictable.
    No, he was not bluffing.
    I don’t know why kids want to challenge a guy with a gun.

    • Humans are idiots, humans in crowds are worse. I’m surprised it took this long to happen. 63 people died in the Rodney King riots, I think were at 7 (give or take) on this round.

    • They thought they could do a three-on-one attack. Two ran off after warning shots. The Spurlock didn’t and he got himself shot. It’s all on video.

  • A time for us.............

    I am surprised it doesn’t happen more. Based on a number of posts on this site and other open social media sites authors are making outright scary threats specifically referencing that they own a high powered handgun and wouldn’t hesitate to use it. During the LA Riots many Koreans tired to protect their stores and didn’t shoot looters wrecking their businesses. Sixty three rioters were killed in other situations and it was documented the police killed ten rioters. Some reports stated the number ten people by the police was larger. But nothing was proven. My point is a person doesn’t know if someone who is protecting their livelihood should be using a weapon to kill someone who is looting. In the past 20 years the level of violence in our country has doubled and quadrupled. And based of this most recent reaction destroying private property and looting should be protected against by law enforcement.

    Yet when your business is being trashed and there is no response from the police should you have the right to use deadly force. An owner maybe put in a position where the owner becomes emotional and shoots a person and then can’t understand why they are being arrested for voluntary manslaughter. Talk about compounding a serious problem. Just in the past 12 years handguns have killed hundreds of people’s family members and others. When an issue escalates to people getting really angry and the level of violence become to a point where someone threatens to use deadly force the outcome ends with someone losing their life that will cause a huge mess on all levels. I don’t understand why some individuals feel that protesting includes the destruction of another’s property and looting and that’s alright. A young man was tragically murdered. The protest was about the police officers who assaulted this man. People rightly protested. When does destroying an innocent person’s business and property permissible during a protest. It should be never!

    • “When your business is trashed and there is no response from the police you should have the right to use deadly force”
      Do you not understand the irony in that statement in this situation?
      The protesters are responding to a MURDER, to several murders, to generations of murders. And you think your “business” somehow equates to that.

      • Far from appalling, anyone sensible with their livelihoods at stake are going to protect them with whatever means necessary. Like the guy in the video said “he’s got a’s not worth it” they should have listened. If you are in such a charged and chaotic environment and try to confront someone armed (who has been on high stress for at least 48 hours) you are probably going to get shot. It’s common sense, which isn’t so common these days eh?

      • IF the particular business had been involved in the murders being protested, you would have a point, but you dont.

      • Self defence isn’t murder. What you think the mob invites them out for milk and cookies to sing Kum ba ya while they burn the place down. No, these idiots bring violence to people’s doorsteps and expect what, a hug?
        The lack of logic and though is a problem with emotionally brainwashed antifa scum.

      • This is America our inalienable rights are life, liberty and PROPERTY. If you destroy a person’s livelihood and take food off their families table they should have every right to use lethal force. Deal with it.

      • did the business owners kill any of the generations.

      • Flat girl you are supremely ignorant. Only the sick convoluted brain of a leftist could twist looting and arson with protesting a MURDER. These anarchists and thugs could give a wit about George Floyd, or anyone else but themselves and their sick agenda.

  • Gardner was clearly backing up, away from them when they ran at him.

    • Now What? Was it worth it? Saved What?

      What happened prior? Did he go outside of his business? Did he do anything to antagonize? Could he have pretended to support the rioters, and poured them shots? Whats gonna happen to his business in the next few days… or during the time while he faces trial? Are locals gonna keep going to his bar? Could he have shot the kid in the foot? Was the kid born to a mother who loved him like nothing else in this world just back in ’98?

      • Black Rifles Matter

        Definitely worth it. Made my morning

      • What happened prior was vandalism to his business (broken windows) and an assault against his father, to which Garner had a remarkably restrained response. My guess is that a lot of locals will make it a point to patronize his establishments in solidarity against the thugs who vandalized his business then assaulted him and his father. It’s hard to shoot someone in the foot when they are on top of you holding you in a chokehold. Garner took the shot he could get, which went through Spurlock’s clavicle. That was the most merciful shot he could take, as there is a chance it could be survivable while the most opportune shot, to Spurlock’s head, would have been 100% not survivable.

  • Sad state of affairs. Tempers fly, days of rioting, looting and destroying puts people on edge. People have the right to protect their property.

    • ……and life. I got scolded for saying that promotes violence. I will protect my family, home and livelihood at all costs. Self defense is not promoting violence! These are not protests anymore , there threats against society, citizens and cops. Marshal law in every city, good job BLM and Antifa. The government has us right where they want us, controlled. “Back in your house!! Light em up!!!”

  • This dude is a racist. On April 21st, on 168th and Blondo, I had a confrontation with him when he refused to get out of 6 feet – without a mask – while picking up pizza. Words were exchanged and he got in his car and drove by my car and called me the n-word. It took everything in me not to rearrange this man’s features and just leave. In retrospect I believe this man might have shot me. I will never forget his shit-eating grin.

    • Cooler heads prevail

      Way to be the better man!

    • Being cool headed might have saved your life. I respect you.

    • When I first read Promo’s comment, it seemed reliable to me. But then it’s clear that the same allegations of racism are frequent on this site with it’s tendency to label people racist over any disagreement at all.

      For a more nuanced history I can find nothing on the victim.

    • RememberJamesScurlock

      Promo, of course James Scurlock’s killer is a racist. I’m a white woman with a 22 year old son. Over recent years, we’ve all seen videos of an unarmed black man being shot down while jogging, another being shot by a trigger-happy cop during a traffic stop, another shot in the back by a cop while he was running away, a black 12 year old shot to death in a playground by cops who couldn’t tell the difference between a toy gun and a real one and George Floyd, murdered by the knee of a callous cop. We’ve heard about the black kid stopped and killed in front of his parents’ home because his parents were wealthy and he had a fancy car, the black kid with the bag of skittles who was shot to death by a vigilante, the black man and woman who were shot to death, on separate occasions, in their own homes because of two cop-style mistakes, and now James Scurlock. And they are just the deaths that I can remember easily. Promo, in my opinion, all of these deaths were a result of some version of racism.
      My son has black friends the same age as James Scurlock. I have literal nightmares about bad things happening to my son’s friends. If the likes of Jake Gardner can kill James Scurlock, my son’s friends can be shot down also; and history proves that they don’t have to be in a protest march to be killed. They can be killed for some reason or for no reason at all, with no consequences for the killer.
      The media has to remember James Scurlock and has to find out more about Jake Gardner. They must also expose groups like the Boogaloo boys (bois), the Neo-Nazis and all white supremacist groups. Police belong to these groups also. These groups are amongst us and very likely on this comment page. I’m wondering if BlackLivesMatter protesters are able to recognize these extreme right-wing agitators amongst them. I’m wondering if James Scurlock is one of their victims!

      • None of which is material to the facts of this case. It’s only in support of your prejudices.

      • Lady, black people are the biggest threat to black people. In 2017 there were 2,970 black people killed. 264 of those murders were committed by whites. Meanwhile, 2,627 of those murders were committed by other blacks! Get your facts straight. Check the FBI crime statistics if you think I’m speaking nonsense.

        • RememberJamesScurlock

          Facts, the problem is when the white people who are killing the unarmed black people are police. So, even if you have correct FBI statistics for 2017, they aren’t relevant to the problem that is being protested about which is the killing of unarmed black people by police and the inability or unwillingness of the judical system to hold the police accountable.

          And, Facts, I have my facts straight whether you like it or not.

          • The uniform-wearing goons who killed Floyd are being held accountable. They were fired and under criminal investigation before the first protester hit the streets.

    • Gosh, if you say so!

    • Promo is a liar.

    • actual factual events thank 🙏 you

  • 🕯🌳The truth of unconscious bias/racism. 🐸🌍🖖🕊🛐

    • It’s all planned willi. Been planned. Just the tip of the iceberg. I keep telling you, in another 6-9 months, covid will be the least of all our worry’s. We as a country are fuked, all over letting the government control us with fear and orders…… all over a fuking flu bug. We are all to blame for this. We are the experiment. Remember the ol sang? Divide and conquer. We are fighting the war for the government. They are conquering.Enjoy

  • Can we have this edited to state that he has been known for a long time in the Omaha area to be a bigot? He was also not near his business or in the act of protecting it when the murder happened. There were also multiple reports from others in the area that Mr. Gardner was heard yelling racial slurs at protestors (who were not threatening Mr. Gardner in any way, nor were they near his bar) and brandishing his firearm at them. Mr Scurlock was afraid for lives of the innocent, and I can’t stress this enough, peaceful protesters in the area, so his reaction was to jump on Mr. Gardner’s back in an attempt to prevent Mr. Gardner from shooting anybody. In what turned out to be his final act, James Scurlock gave his life in order to protect others.

    I hope you’ll consider adding this to your story, as any respectable media institution would like to gather as much information they had about this murder as they could. Just trying to help.

    • I looked at the reports and I couldn’t find anything first hand that stated that. But I was writing this with little sleep the night before at 2 in the morning. If you do have first hand reports of that, I would gladly add them.

    • and your source for this information is?


      This says he was outside his bar and his other bar looks like about 2 blocks away. How far was he from the entrance to his bar was the handgun holstered or in hand? Lot of questions need to be answered if this is an Ahmuad Arberry Situation he needs to be punished appropriately.

    • Sure, repeat the lies even when video evidence definitively refutes them.

    • Everything ‘Parsley’ said turns out to be a lie. Just goes to show Democrats haven’t changed in 200 years. Lynch first, ask questions later.

      From the article:

      The man, who Kleine initially did not name but later confirmed was Jake Gardner, is seen backing away from the group and Scurlock, asking them to leave him alone and not to damage his business. Gardner lifted his shirt to display a handgun in his waistband.

      The group attacked Gardner and they fell into a puddle on the street in front of the bar. Gardner grabbed his gun and fired two shots, which caused one member to run away from Gardner.

      Scurlock was seen tackling Gardner from behind while Gardner was trying to stand. Gardner later told police Scurlock had him in a chokehold and witnesses said they heard Gardner say “Get off me” several times.

      Gardner fired one shot which struck Scurlock in the collarbone. He died after being taken to Nebraska Medical Center.

      “The bar owner was interviewed with lawyers present. He said the first shot was a warning shot. He said Scurlock jumped on him and he was scared Scurlock was going to take his gun. He fired in self-defense. He was scared he would lose his life or severe bodily injury,” Kleine said.

      Gardner was in police custody from Saturday night to Sunday night at Omaha Police Headquarters.

      “He has shown he has a gun. He made it clear he was armed. He said when someone was on top of him that they said they were going to kill him,” Kleine said.

      He added Gardner appeared remorseful, scared and shocked when he was interviewed by investigators. He said they usually do not release the name of individuals who are not being charged by the office, but confirmed the business owner was Jacob Gardner.

    • He was attacked by a thug and he justifiably defended himself. Try to slander him all you want. Don’t forget the victim was a criminal. Armed robbery, multiple assault charges. Attacking people seems to be a pattern of behavior for spurlock. He shouldn’t of started what he couldn’t finish.

    • Parsley, I have wondered too if Mr. Scurlock jumped Mr. Gardner in an attempt to save lives of others. The issue I had with that thought was why a chokehold instead of attempting to disarm? With doing the chokehold instead of going for the gun couldn’t Mr. Gardner still point and shoot the attacker from behind? It appears the chokehold is with Mr. Scurlock’s right arm. So then I tried to watch again and see if Scurlock’s left hand is trying to disarm Gardner. Then had to wonder if Gardner is right or left handed? What hand was the gun in before he switched it to fire the last shot? If it was in Gardner’s right hand then the right handed chokehold from Scurlock wouldn’t give easy access for his left hand to try and reach and grab the shooter’s gun away. It seems as though the gun is in Gardner’s left hand for the last shot, but not sure.
      Both men showed some “forward aggressive movements” in the video but Gardner also displayed some “backing away” movement which may have helped support his version. Then again the backing away could have been to display the gun and/or to be back far enough for time to draw it out and ready if he decided to use it.
      It seems there could be a lot of unanswered questions yet, one way or another. Hopefully their plea for more useful video’s or information is out there somewhere yet.
      On a side note, according to, today Gardner was evicted from the downtown building by the owner of that property.

  • You break the law by riots and vandalism, one of the risks you take is getting killed. All loss of life is tragic, but it wasn’t unexpected. All criminals know the price they could pay is death. Wake up idiots! Some of us care more about our own life, business, family than some thugs running around causing mayhem. I know I do. Bring a peaceful message in a peaceful way and you get heard, overall you get respect. Bring any message by vandalism, riots and mayhem and you get the opposite.

    • You do not get heard. Peaceful protests have been going on for 30 years and the same pattern of police brutality exists. Instead they steal a message and make it about the flag and our military. You are the one that needs to wake up.

      • The answer is not to turn violence against the innocent. Listen to Dr. King. The answer is larger and longer protests.

      • Riots get even less. All of the gains of the Civil Rights movement were from peaceful action. The race riots of 1965-68 accomplished nothing other than alienation and backlash. The same contrast applies between the peaceful antiwar marches and the SDS riots and bombings.

      • I’m sure burning down black neighborhoods and bankrupting black business owners will do an excellent job of ending “white supremacy”.

    • You walk to the store to buy a coke and get killed for being black.
      You really do not understand even the concept of systemic oppression do you?

      • 15 percent of black people who are killed by police were unarmed, 10 percent of white people killed by police were unarmed. 6 percent of people that police killed are listed as “unintentional” indiscriminate of race. If you leave race out of it, it becomes obvious that the police are killing too many people. The race issue actually drives a wedge in the populace in what is really a problem for every race. Which I think is the point, instead of being divided in this issue, people of every race should be united against the police. But as long as they can keep us divided no change actually has to come about.

        • YES!YES!YES!

          Race means nothing. This is the truth. This racist narrative is a lie, it’s destroying our country.

        • Patterns Don't Lie

          Mike, 15%, 10% of what number? Is it, for example 15% of 100 black people killed by police but 10% of 10 white people killed by police? Just making up numbers but that would result in 15 unarmed African Americans being killed by police and 1 Caucasian being killed.

          Without the total number of unarmed African Americans and Caucasians who have been killed by police over a finite amount of time, your percentages don’t help much, do they?

      • The thugs who vandalized Gardner’s business, assaulted his father, then him, were not buying coke. At least not that kind of coke.

      • Flat girl, black people are the biggest threat to black people. In 2017 there were 2,970 black people killed. 264 of those murders were committed by whites. Meanwhile, 2,627 of those murders were committed by other blacks!

        • Well, white folks are the biggest threat to white folks–we tend to kill those who we’re around more.

          • Why do the Black Lives taken by black people not Matter? Why are there protests, riots and looting when a white police officer kills a black man, but no outrage and NO demands for change when a black man is killed by another black man?

            Why is BLM silent about these thousands of other black lives lost?

            • I don’t want to speak for other people but I suspect it’s the same reason I have when a white person kills someone. I look at the murderer as a criminal not as a representative of society’s racism or lack of it. But an officer is stand in for the state and for an officer to kill someone makes it a state sanctioned murder as opposed to a murder outside legality.

        • PatternsDon'tLie

          Facts, once again you are throwing out numbers that aren’t relevant to the problem that protesters are protesting about. As Kym Kemp pointed out, most murders are committed against people who are in the same group.

          However, if you have facts/numbers that prove that police killings and arrests are NOT directed disproportionately against people of color than against Caucasians, then I, for one, want to read them.

          If you can show that police are brutal equally, then the issue is only police brutality and use of excessive force. Can you do that, Facts?

          • Here is a number: 0.

            That is the number of protests BLM has held for the thousands upon thousands of Black Lives taken by other black men. Why do those lives matter less?

    • So do you listen to the 400 who are peaceful or the 20 vandal/looters?

  • You went with this racist garbage headline?????? Do better.

  • Things that I find interesting;

    1. The group of rioters seems to be mixed race.

    2. Christ cross uses the n-word referring to the man with the gun.

    3. “It’s not worth it, he’s got a gun”.

    My thoughts;
    1. The guy would have shot any one of them regardless of skin color had they jumped on his back during this scenario.
    2. If a word is considered reprehensible it should reprehensible be for anyone to use it.
    2. It doesn’t take a stretch to imagine that to these folks it may have been worth it, had he not had a gun.

    Simple deductions.

    It’s a hard lesson for boys becoming men but you will not get the respect that you crave until you give it equally.
    I say that from personal experience, not as an outsider.

    Individual civil liberties will always Trump identity politics, if not by man’s law then by nature’s law.

  • It’s all revolutionary fun and antifa games till it gets real. Then people change their tune real fast when it gets too real…

  • If the man was in fear of his life, he did the right thing. You are not obligated to be a victim. This is still America, you still have the right to defend yourselves.

    Brainwashed Antifa scum been beating random inoccent people all over the country…we don’t have to take it…many of us won’t take it.

    • Nebraska doesn’t have a castle doctrine or “stand your ground” laws. It requires retreat before the use of deadly force.

      • Understood. I’m not saying this action IS justified, just saying it might be. And we should withhold judgement and not jump on the racist murdering whitey trip without an investigation and trial.

        • Yes. Just giving the few facts I have. I’m not making judgment on the shooting.

          • Jake did retreat, all the way to his back with three people atop of him. 2 backed off. One remained to provide a chokehold. Jake fires over his shoulder, across his body, over his right shoulder to free himself from his attacker while shouting “get off me, get off me, get off me”.

            • That appears to be the case. The DA sure thinks so.

              My posting of Nebraska self defense laws was only to inform and not to take a stance on the events. Personally I am an ardent supporter of 2A and the right to self defense by any means necessary.

  • 1st, by all accounts he seems to be trash and gets what he has coming.

    2nd, if you want your article to have any credibility, you should read it through a couple times. You called him Jake and Jack in different parts; and you repeatedly spelled his last name wrong.

  • By the way, to any antifa scum reading this. Cali IS a castle law State. Don’t be surprised if people don’t run when you threaten their homes and businesses with your maniacal mob violence and destruction

  • He’s in unfavorable light legally if he took a gun outside to confront the protesters/rioters. Was it to provoke a confrontation or to keep his windows from being smashed. I had a situation where someone was smashing all the windows to a hotel and I intervened to prevent property damage and was attacked. I was very careful in the force I employed the goal was to prevent property damage not to harm anyone but was very surprised that when presented with a weapon I was immediately assaulted by the perpetrator and was lucky to be ready.

    • The gun only came out when they were threatening him three-on-one after they had vandalized his business and assaulted his father.

  • Ms. Shawn Gordin

    As ULLR Rover pointed out NE does not have “stand your ground” laws therefore Jack Gardner had the duty to retreat. He did not. He went to his business to do a “firewatch” fully expecting to have conflict. Insurance would cover any losses he may have incurred. Instead he had to play the “macho” guy scenario and put himself in a place he should not have been. He was not inside of his store when the shooting occurred. Why not? Was he looking for trouble? Did he think he could handle anything that came his way because of his military background? Some of the comments on here have shown the same “macho” attitude. That attitude is what gets people killed. Was James Scurlock wrong for being there? Yes, if his original intentions were to loot and vandalize. Being young, did he just get carried away in the moment? We’ve all been there. Unfortunately, he lost his life because of it. This is not an issue about white vs black. This is an issue of our country not respecting each other as human beings. What country you are from or the color of your skin is not and should not be what defines you as a person. Treating others with respect and dignity is what should define us. Our country has lost sight of that. That is why groups like Antiffa are growing in power and are able to manipulate young men. Ending the division in our country starts with each individual and how they treat others. We all need to define others by their actions and not the color of their skin or nationality.

    • Gardner was fully within his rights defending his business and he was remarkably restrained in how he did it right up to the moment he was threatened three-on-one. If there is any comment that ever betrayed a privileged attitude, it is your “let the insurance handle it” comment. You do not know anything about the terms of his coverage. Less privileged people recognize that sometimes you’ve got to “do the nasty” while taking prudent measures against the risk that entails.

    • The DA believes he was well within his rights to self-defense. The video clearly supports that… even under Nebraska’s weak self-defense laws.

    • he was within several feet of the front door 🚪 which you are legally allowed to be at defending your property.

  • punkybrewstersmind

    Its amazing how many people dont seem to be able to understand the difference already between ‘peaceful protester’ and ‘looter’.

    So many already declaring anyone who protests anything must be a terrorist. The absolute antithesis of what it means to be an American.

    Some people revel in hate.

  • We should be united against the police!? What is Mike saying? How did this become us united against the police? One individual, that is a cop, did something inexcusable and now we are united against the police? I know this is one of many events like this, but if we are going to pick sides, I’m with the cops! I have always felt these riot/protest/public gatherings should be put down with force. Once you pick up a rock, bat, bottle, you become a combatant, and should be treated as such. Protest with respect for other individuals rights, and maybe your message will be heard by people like me. Continue in your path, and don’t cry about the consequences!

  • This is now a race war, period. Further fueled by the medias focus on select incidents which magnify white on black events while ignoring black on white events.
    It is what it is get in where you fit in.

  • Walking out your business front door and shooting someone who’s unarmed isn’t “defense of life or property” under any constitutional or legal definition – whether you’re “scared” or not, no matter the “value of property”.

    It’s homicide.

    And the fact that he’s USMC can and will be used against him, as he was better trained to properly control, react and confront, and did not.

    • It is defense of life when the attacker tackles you, and is on your back attempting a choke hold. Please watch the video.

  • Yes that’s what I’m saying. I’m not ok with looting and rioting destroying businesses, but I’m also not ok with cops Killing anyone of any race unless it is absolutely necessary. I think we should demand better. They are public servants after all. They should be held to a higher standard, not a lower one. What’s so radical about that?

  • Looting leads to Shooting for those of you who didn’t get it, he wasn’t talking about the national guard or cops.

  • Carolyn Darlington

    “When the looting starts the shooting starts.” Jake Gardner will be released without charges. Omaha has always been a very racist city. I lived there for many years so I know first hand. Here’s the picture of Jake Gardner and Donald jr. This is the tragic murder of a 22 year old young black man. Black Lives Matter!

    • The Real Brian

      “When the looting starts, the shooting starts” – shithead birdbrained deushe bag instigator in chief.

      Gardner, a self-described Libertarian who has courted controversy in the past, has been arrested on criminal charges at least four times, the state’s public records portal shows.

      In 2013, police picked him up on assault and battery charges, and also hit him with a count of failing to tell an officer he had a concealed handgun. The gun charge was dismissed in a plea deal that saw him pay $200 in fines.

      In 2011, after being nabbed for alleged reckless driving, he was also charged with carrying a concealed weapon, which was downgraded to disturbing the peace in a plea deal that resulted in a $200 fine.

      Gardner’s record also includes two arrests from 1998 and 1999, one for reckless driving and one for third-degree assault, and a number of traffic offenses.

      Charge Trump with instigation of vigilantism and murder.

      Oh. And ban him from Twitter.

      • Irrelevant and immaterial unless you’re trying to claim that Gardner had no right to defend his business as a result. You seem to have an affinity for thugs who get themselves killed while putting a chokehold on somebody. That is, if they’re the right skin color that makes you feel virtuous while doing so.

        • The Real Brian

          I’m sorry you feel that way.

          When you say “thug”, does that include bar owners that have been charged with assault numerous times, and carrying guns illegally?

          Because, as you and I know that you’re alluding to my stance on Lawson, Zoellner did also have a record, while Josiah Lawson did not.

          The way you use the words you use may show assumption.

          The connection to what happened here combined with Trump’s words, and Gardner’s obvious investment (financially and psychologically) into Trump shouldn’t be ignored.

          • So you feel someone’s political affiliations should detract from their right to defend themselves. Nice. It is technically true that Lawson did not have a criminal record but he did have a record of behavior that could easily have gotten him one. He and his buddies were known to practice intimidation and pick fights. That came to light in the Grand Jury investigation. Lawson was part of a cocaine scene. Before Lawson’s social media got scrubbed, some screenshots were captured that referred to cocaine dealing. The party was a cocaine party that attracted the likes of Zoellner’s skanky girlfriend.

            With the restraint Gardner showed after his bar was vandalized and after his father was assaulted, it would be stretching it to call his behavior thug behavior. Those who partake of mob assaults are thugs, so the term fits Spurlock and Lawson.

      • The Real Brain (ironic handle of the year)

        Got video:

        Scurlock and others could be seen speaking with the business owner in front of The Hive Saturday night after one of the members of the group had shoved the man’s father to the ground.

        The man, who Kleine initially did not name but later confirmed was Jake Gardner, is seen backing away from the group and Scurlock, asking them to leave him alone and not to damage his business. Gardner lifted his shirt to display a handgun in his waistband.

        The group attacked Gardner and they fell into a puddle on the street in front of the bar. Gardner grabbed his gun and fired two shots, which caused one member to run away from Gardner.

        Scurlock was seen tackling Gardner from behind while Gardner was trying to stand. Gardner later told police Scurlock had him in a chokehold and witnesses said they heard Gardner say “Get off me” several times.

        Gardner fired one shot which struck Scurlock in the collarbone. He died after being taken to Nebraska Medical Center.

        “The bar owner was interviewed with lawyers present. He said the first shot was a warning shot. He said Scurlock jumped on him and he was scared Scurlock was going to take his gun. He fired in self-defense. He was scared he would lose his life or severe bodily injury,” Kleine said.

        Gardner was in police custody from Saturday night to Sunday night at Omaha Police Headquarters.

        “He has shown he has a gun. He made it clear he was armed. He said when someone was on top of him that they said they were going to kill him,” Kleine said.

        He added Gardner appeared remorseful, scared and shocked when he was interviewed by investigators. He said they usually do not release the name of individuals who are not being charged by the office, but confirmed the business owner was Jacob Gardner.

        • The Real Brian

          I’m not giving a pass to the victim in the situation.

          Stupid decisions made by many in the scenario.

          And it’s “Brian”.

      • Another “liberal” pushing for censorship. How very woke of you. That’s simply a fact people loot… people get shot. This is America and we have every right to defend what’s ours.

      • People are going to defend their homes and businesses with guns regardless of what Trump tweets. It seems more a simple statement of fact than anything else. Also, the public controversy Gardner had been involved in makes me think maybe his business was being targeted individually and maliciously by people who didn’t like his public profile.

    • Wha-wha-whaaat!? Friendly with Don Jr!? He must be racist and guilty! POC can do no wrong! Each and every one who dies in a cross-racial confrontation is a victim of a hate crime!

    • ALL LIVES MATTER! You really think the woke circular firing squad won’t come for you next? You’ll refuse to give up your bus seat to a black or kneel and ask for forgiveness and they’ll call you a white supremacist. Better wake up.

  • Hey here’s a thought when a person has a gun GO THE OTHER WAY!!!

  • So now now you all … you pre judged this man before you all knew the actual facts. He was simply protecting himself from a choke hold James Scurlock put on him.

  • The fatal shot was fired from his left hand over his right shoulder, in order to free himself from someone that was assaulting him(choking him). Self defense is right. 3 men decided to tackle and try to choke out an armed citizen. Take race out of it for a second.

    I mean, he fired a warning shot. They aggressed anyway. One person is dead today because of that choice.

    • The Real Brian

      Gardner was happy to revive his military days, most likely.

      Who the fuck brings a 60+ year old dad to some downtown riots with a gun during a pandemic?

      “When the looting starts, the shooting starts”

      • Cough… says the 60 year old reporter who has been trying to keep her 80+ year old step-dad and Mom home…

        • The Real Brian

          It is really stupid that Gardner was out with a gun, without a permit, and his dad, during protests and riots in a pandemic.

          He got what he was looking for.

          Any toxicology tests on Gardner?

          • Why are you only asking for tox results on one of the people involved? Is it not equally likely that others involved may have been under the influence?

        • Right! My parents one day decide to stay home for safety then the next they go visit friends in Oregon stopping at every persons house along the way that they have ever met in their entire life.

      • Wow, you’re such an expert mind reader!

        • The Real Brian

          I think it’s called psychology, not telekenisis.

          Look at the situation.

          • Armchair psychology not tethered to facts. In what military situation does a soldier respond to a three-on-one assault verbally and with warning shots, then a lethal shot only as a last resort?

      • I know plenty of 60+ folks who would defend home and hearth with their lives in the same scenario.

        • The Real Brian

          The shooting occurred on a public street.

          And if you know anyone carrying concealed without a permit, you know criminals just the same.

          • He was in front of his business. For many that is their hearth.

            2A recognizes our natural rights to carry a weapon.

            • The Real Brian

              On a public street.

              No permit for conceal/carry.

              Tweets his “military-style” preemption.

              Previous arrests for assaults.

              Previous arrests for carrying without permit.

              Just another law-breaking white militia member for you.

              Meanwhile, none of the “thugs” were carrying guns illegally.

              While in the same State years ago, Philando Castille was shot and killed with a valid conceal/carry permit and the NRA refused his case.

              And there is a “natural” right to protest without being killed just the same.

              • “Carrying a concealed weapon without a permit is a misdemeanor, but the law allows for some situations where having a concealed weapon would be justified.”


                What does the NRA and Philando Castile have to do with this?… nothing.

                • Philando Castile has more to do with this discussion than black on black crime rates.

                  Race based double standards and police killings would be the first connections.

                  Let’s see what kind of po prison sentence Floyd’s killer(s) will get.

                  Maybe there will be things to compare to this other Minnesota cop:

                  But on Friday, Mr. Noor, now an ex-officer and convicted murderer, was sentenced to about 12 and a half years in a Minnesota prison for the death of Justine Ruszczyk, an unarmed woman he killed while on patrol in 2017.

                  Far from building trust in the system, Mr. Noor’s case came to be seen by Somali-Americans as a sign of a double standard. Dozens gathered in the courthouse lobby Friday to voice displeasure with the length of Mr. Noor’s sentence, stating that they believed a white officer would have been treated differently. “Wrong Complexion For Blue Protection,” one man’s sign read.


                  And let’s compare the situation involved for each officer when we know the prison sentance(s) coming forth.

              • Philando Casteel was shot in Minnesota, not Nebraska.

        • The Real Brian

          The shooting occurred on a public street.

          No hearth. No home.

          The idea of bringing my parents out to a riot for “military style defense” during a pandemic is ridicous and beyond stupid.

          And if you know anyone carrying concealed without a permit, you know criminals just the same.

          • The Real Brian claims Jake Gardner said “military style defense”.

            He said “military style firewatch“, [edit]. What is a firewatch you ask? [edit]

            Pop ‘firewatch’ into Google and what do you get: “In time of war or danger, the task of looking out for signs of fire caused by the dropping of incendiary devices etc.“

            We all just saw Minneapolis burn to the ground. He was standing watch to make sure the same thing didn’t happen to the business he’d worked 24/7 for the las two decades to build.


            • The Real Brian

              Did you see his bar on fire?

              Did the victim have incendiary devices?


              Did they test Gardners blood for alcohol or drugs?

              He was illegally packing heat afterall.

              • Now you’re grasping at straws. When the thugs started to vandalize his business his first course of action was verbal, in the process of which his father was assaulted and he was assaulted three-on-one.

                The fear of having his business destroyed by fire in a riot was completely justified, although the event turned out otherwise.

                Did they test Spurlock’s blood for alcohol or drugs? He’s the one who acted with compulsive violence.

                Your logical contortions here shed an interesting light on your obsession with the Lawson case.

              • Incorrect. Ne State statute 28-1202:

                (b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

          • Used to Live there GBR

            A couple comments, people are saying he was illegally concealed carrying, but I clearly hear someone yelling in one of the videos “He has a gun” well before the shooting. If the gun is visible, this would be an “open carry”, not concealed carry situation. Then I clearly saw more than one person in a latter video pushing him down into what appears to be water in the street, and then hitting him several times. OWH didn’t show the rest of the video, so from what I could see he was being assaulted when this incident took place. Two wrongs don’t make a right. The Floyd violence was wrong and the riots, looting, robbing, and mayhem are wrong too. No one should be defending either one of them. All this chaos is doing is creating more and more victims and expanding the hatred. It is past time for everyone to settle down and look back and see what we all can do better. As long as the violence continues, the violence will escalate, the hatred will expand, and no good will ever come from any of this. The government and the Police have already forgotten all about Floyd and what he went through. Now it is all about the mayhem and how to stop it. MLK’s method could have kept focus on what happened to Floyd, but it is to late now to get that back. Now it is about the destruction and mistrust everyone has against each other, which is expanding with every window that is broken and every car that is burned and every looter that is handcuffed. Who is benefiting from any of this? That is where the problem lies, with leftist communists progressives, because those are the only ones that think this is a good thing to perpetuate. Look at all of the people in black hoodies and masks starting problems in the videos. That is antifa. It is their goal to destroy America through violence. Don’t let them goad you in. They are doing exactly what the Marxists did in Russia and the NAZI’s did in Germany in the first half of the 20th century. They are trying to start another civil war so they can enslave you with an all powerful centralized government with a few elite leftist leaders to tell you how to think. None of this is a “good” thing.

          • The idea of attending a riot during a pandemic is ridicous and beyond stupid.

            If there were no rioting, business owners would not be forced to protect their lives or their businesses.

      • Incorrect. Ne State statute 28-1202:

        (b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

  • Destoying all these businesses has nothing to do with george floyd. A police officer is being charged for it so why take all this anger on businesses that people work so hard to build. Jake was jumped. He had a right to defend himself and his business. I support his actions. BLM is a racist terrorist group.

  • The Real Brian


    Black man, Philando Castille, carrying a valid conceal/carry killed in his car by Minn. police without cause, and no arrests.

    White man, Jake Gardner, illegally carrying gun without permit, kills unarmed protestor on public street, released without charges or toxicology tests.

    Oh yeah, then there’s George Floyd’s story too.

    • #Jesus died for us all

      Do you not know the term self defense? He gave those men a chance to stop attacking him by firing those warning shots, and they jumped on him again. Its not like he wanted to kill anyone.
      And you have no proof that he was illegally carrying. Im assuming you meant he didnt have a concealed carry permit, but the gun was open carry if it was already exposed to the point that people saw and yell “Gun”.

    • You forgot to mention that he was directly in front of his business, defending it from a mob, which would fall under the exception in the permit law pointed out by Ullr. And saying that you “forgot” is giving you the benefit of the doubt, because if you deliberately omitted that key fact it means you are dishonest.

    • Why do you assume no toxic screen?

      He was not carrying illegally.
      State statute 28-1202: (b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

  • I watched the video of what happend, this man gave plenty of warnings to the people attacking him. He gave them a chance and they did not take it. He acted in self defence.

    As unfortunate as a young mans death is, he paid for his actions, very sad indeed.

  • I guess it’s ok to tackle someone from behind and throw a choke hold on them? That’s when the gun came out. This was clearly self defense and this video proves that the N-word was being used….BY THE RIOTERS.

  • “If cops stopped killing innocent people we wouldn’t have gutted buildings either.
    But white folks love to defend their property over the lives of the people they wish they could still count as property.”

    Well said. White people fantasize about defending their property against dark skinned “thugs”. I know this is true, because a younger and more racist me used to hope that some hypothetical young “thugs” would attempt to rob the small surplus store that my father used to own so that I could give them what I felt that they had coming. I didn’t have concealed carry permit, hard to get in Southern California, but even in California it is legal to carry concealed on ones property, and while tending store I used to carry a subcompact 9mm pistol tucked away into my waistband. Thankfully, I was never compelled to draw the pistol, much less fire it in anger. Now I realize what a racist paranoid jerk I truly was, but I was raised to be a racist paranoid jerk, as where those that came before me. Being raised on a steady diet of over the top racist fare like the movies Death Wish and Dirty Harry will do that to a young impressionable mind. Another terribly racist movie that is also a load of bull, and was a favorite of my mothers, is the beautiful to look at but morally repugnant movie Gone With The Wind.

    To become better people I urge white people, the young and young at heart, to study critical race theory and American history books by writers such as Howard Zinn, Eric Foner, Gerald Horne, CLR James, W.E.B Dubois, and others. Do this for yourself, so you won’t waste your youth being full of fearful, suspicious, and blind hate and paranoia for people that you don’t even know.

    • You don’t speak for other whites. You are still a racist masquerading as a woke liberal. You people are race obsessed and will continue to be the death of this country. We are Americans and we will not stand by and let our property be destroyed.

    • Why do you support the gutting of buildings that are owned by people that are not committing the killing of innocent folks?

      The rest of your comment describes your thoughts, and not necessarily the thoughts of others.


    “Jake Gardner, 38, was found outside a medical clinic on Southeast Ninth Avenue near Baseline Street around 12:20 p.m., according to Sgt. Eric Bunday, a Hillsboro police spokesperson. He declined to release any more information about the death Sunday, citing an ongoing investigation.”

    • I saw that too. Sad political drama of the times played out in one life. Shakespean level tragedy in which the witches of Macbeth are both the prophets and the cause of it. And the audience can do nothing to change it.

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