Man who shot person attacking him cleared on self-defense. Months later, prosecutors are charging him.

Share:

OMAHA, NE – Months after a shooting was deemed to be in self-defense by prosecutors over in Omaha, the tune has now suddenly changed and a man is facing charges for shooting a 22-year-old man who reportedly attacked him.

On May 30th, numerous towns were being ravaged by the likes of Black Lives Matter and other protesters and rioters. Even cities like Omaha weren’t immune from the chaos and destruction.

During riots that took place in Omaha on May 30th, 38-year-old Jacob Gardner was attacked by the now-deceased James Scurlock. Gardner was reportedly outside of the bar he owned and his father was getting assaulted by a group of rioters.

Gardner had intervened, not physically though, but just to render aid to his father that was attacked. Video evidence that was gathered from surveillance footage even showed the aforementioned as well.

Apparently the riotous group had gotten further agitated, and Gardner fired of two warning shots in the air in an effort to ward off the attackers. However, that’s when Scurlock attacked Gardner and was on top of his back while he was grounded and was choking Gardner.

Gardner then used the firearm to shoot Scurlock once in the clavicle, which resulted in Scurlock dying.

When the Douglas County Attorney’s Office reviewed the shooting and video evidence in June, they’d determined that this was a case of self-defense.

County Attorney Don Kleine made said announcement back in June as well, saying the following:

“There was a consensus… that the actions of the shooter were justified. There wasn’t any big disagreement about what happened here.”

At the time, Kleine further added:

“Mr. Gardner, as we know now, has said, ‘I did what I did to defend myself,’ and we find that we can’t disprove that from the evidence that we have.”

Do you want to join our private family of first responders and supporters?  Get unprecedented access to some of the most powerful stories that the media refuses to show you.  Proceeds get reinvested into having active, retired and wounded officers, their families and supporters tell more of these stories.  Click to check it out.

LET Unity

And then, something happened along the way to get some “special prosecutor” involved in the case. Special prosecutor Fred Franklin decided to present the case before a grand jury, which returned four felony charges that included manslaughter, attempted first-degree assault, making terroristic threats and weapons use.

So, what changed exactly?

Well, Franklin is being tight-lipped about that specific evidence that he thinks makes for a good case, only saying “there is evidence that undermines” self-defense and “that evidence comes primarily from Jake Gardner himself.”

So, while Franklin won’t explain what evidence he exactly has to prove manslaughter, he did dive into what constituted the three other charges. When it comes to the charge of terroristic threats, Franklin stated:

“Jake Gardner was threatening the use of deadly force in the absence of being threatened with … deadly force by James Scurlock or anyone who was associated with him.”

With the attempted first-degree assault charges, Franklin says that the grand jury decided that the warning shots fired constituted the attempted assault charge. However, it’s unclear who the person was that could claim to be said victim in that instance.

As for the weapons use charge, Franklin is alleging that somehow Gardner was the initial aggressor in the entire scenario and that by doing so can not only nullify self-defense claims but also make the actions involving the weapon a separate charge.

All in all, Gardner could face up to 95 years in prison.

Now what’s interesting is that Franklin investigators on the case were said to have interviewed 60 witnesses. Keep in mind that if there were 60 witnesses (which is possible) then they’d either have to be combination of bar patrons, bystanders that just happened to be strolling along – or other rioters/protesters.

I’m sure that there couldn’t be any possible bias with one of the mentioned categories of witnesses.

Violent rioters in Chicago angry that police released mugshots and addresses, despite activists doing it to cops

CHICAGO, IL – It seems as though that those who were arrested during violent protests in Chicago, specifically the ones that took place on August 15th, were upset that their mugshots and address information were posted on the Chicago Police’s Twitter account.

While the CPD has since removed posts showcasing identifying information in terms of where alleged offenders reside, it’s rather ironic that “demonstrators” are upset about doxing while Chicago Police officers have been subject to doxing over the past several month.

The protest that took place within the Loop that weekend saw 24 people arrested and reportedly 17 officers getting injured.  This was the same protest where video was captured of an officer getting hit in the head with a skateboard.

Chicago City Council member, Byron Sigcho-Lopez, thinks that police posting address-related information of alleged offenders creates an environment that breeds “harassment” and “distrust”:

“Why is it necessary to put on social media because all it has created so far is harassment to these individuals and nothing else in the community other than more distrust and more division?”

Now, state law in Illinois does compel the police to release identifying information of people arrested, but that typically only requires a mugshot and arrest details.

Berto Aguayo, who founded the anti-violence group Increase the Peace, was present at the protest that took place over the weekend and stated he was subjected to the likes of pepper spray and being struck with a baton at one point.

When commenting on the act of police posting address information of arrestees, Aguayo stated that it showcased “bad judgement” within the upper echelons of the police department:

“It shows even at the highest level of the police department they are implementing bad judgement.”

Yet, since the onset of June, CPD officers have become the subject of doxing attacks.

People on social media were said to have been posting the addresses of CPD officers and encouraging their followers and those nearby the posted addresses to start targeting the homes of identified police officers.

Chicago police officers haven’t been the only ones to have been getting their information put on blast over the internet, as reports of Portland Police officers have been dealing with the same thing as well.

But the tactic is hardly surprising from the anti-cop crowd – though it’s quite telling how those very same anti-cop folks don’t like it when it’s done to them.

As mentioned earlier, the CPD did delete the tweets that contained mugshots and address information, but did leave one solitary mugshot up that only showcased the identity of an alleged offender who is facing felony charges of aggravated battery against a peace officer.

That man was none other than the alleged skateboard wielder, 25-year-old Jeremy Johnson. Here’s our report on when the protests were going down in Chicago where this attack took place.

On August 15thprotests in Chicago raged yet again with demonstrators shown agitating and assaulting police officers, with one video showing an individual using a skateboard to attack officers.

The city of Chicago has been popping-off for roughly a week now since Black Lives Matter Chicago made a stink about someone arrested for attempting to murder police officers that was non-fatally shot prior to being taken into police custody.

Among the BLM protesters on August 15th, there was a presence of Antifa-style agitators as well with violent outbursts transpiring. One of the formed police lines during the protest shows numerous people attacking police while officers can be seen defending themselves with a bike line and batons.

Also, during the video, one individual can be seen attacking officers with a skateboard, which results in officers eventually deploying pepper spray to dissolve the crowd that had gathered on the police line.

The person who originally posted the video, who goes by “Vashon”, decided to delete the video initially as he didn’t want to give Chicago Police any “evidence” of the attack on their officers.

Additional videos have cropped up online showcasing the crowd that police were pinned up against – with agitators trying to break through the police line by way of force.

While some outlets proclaim that numerous demonstrations on the 15th were peaceful, it’s difficult to digest that as being truthful when faced with videos of protesters assaulting police formations.

This violent protest came on the heels of rioting from the nights prior, with numerous businesses being looted.

One video captured from inside of the local Chicago store showcased several individuals running into a store that was broken into on the evening of the 14th.

As mentioned earlier, this impetus of this likely stemmed from a police-involved shooting and arrest of someone charged with attempted murder.

To further demonstrate the ridiculous demands of various Black Lives Matter chapters, BLM Chicago protesters are demanding the release of a suspect arrested for attempted first-degree murder of a police officer.

The rationale behind this protest was that police returned fire at the suspect after he reportedly shot at police first.

Police arrested 20-year-old Latrell Allen on August 9 after he opened fire at officers pursuing him in Englewood Park. Officers were said to have returned fire at the suspect, which resulted in him being shot in the shoulder.

A judge subsequently set Allen’s bond at $1 million on August 10, while Allen was still hospitalized. Considering the charges against Allen, a high bond isn’t that out of the ordinary.

Of course, riots reportedly broke out on August 10, and are believed to have been inspired by a black man getting shot by police … non-fatally … after he shot at police first in a park containing children.

Do you want to join our private family of first responders and supporters?  Get unprecedented access to some of the most powerful stories that the media refuses to show you.  Proceeds get reinvested into having active, retired and wounded officers, their families and supporters tell more of these stories.  Click to check it out.

LET Unity

Allen is expected to make a full recovery as well, but after the riots and looting from August 10, BLM Chicago decided to list some demands on August 14 regarding the suspect in custody.

Kobi Guillory of BLM Chicago stated that they’re trying to get “justice” for someone that was said to have shot at police:

“We’re here to get justice for Latrell Allen because what the police did to him is an injustice.”

The sheer stupidity of the BLM nonsense has come full circle, because now an active shooter firing at police and getting non-fatally shot is considered an “injustice” by those participating in the movement.

But the rationale for demanding that Allen be released is because there wasn’t any police bodycam footage from the shooting. One of the protesters, Jada Van, said it “ain’t right” that police opened fire on an armed suspect who was shooting at officers:

“The police cannot find a way, they cannot figure out how to stop shooting Black people and that ain’t right.”

Whatever happened to the argument, “Why don’t police shoot in the leg?” 

Albeit, this wasn’t a leg wound, but rather a shoulder wound, but that has been a talking point during critique of police-involved shootings for years from the protesting crowd.

This is a picture-perfect instance where someone was trying to kill police, gets shot non-fatally in response, and thus the suspect will be afforded a trial and gets to live no matter the outcome of criminal proceedings.

Allen was already dealing with two other misdemeanor cases when police encountered him on August 9, and he’s also been arrested numerous times. Still, that has not stifled the likes of Guillory in “demanding” the release of a man accused of trying to kill police:

“We are demanding, we’re not asking, we are demanding that the charges be dropped. We’re demanding that he be let go and not be held on this ridiculous $1-million dollar bond. This is a hostage situation.”

This is what the ridiculousness has come to – calling those duly arrested for heinous crimes as being someone “held hostage.”

Fraternal Order of Police President John Catanzara is among those finding the whole matter “ridiculous”:

“I think that’s ridiculous … He actually fired at officers. The officers were 100 percent correct. Everybody on the scene said the same story. There isn’t even a question of what happened.”

Just looking at some of Allen’s previous arrests (and numerous photos of him possessing guns), it becomes quite telling the type of suspect police were dealing with when encountering him on August 9.

There was a July 2019 arrest for domestic battery. Earlier this year, in March, Allen was arrested for reckless conduct and child endangerment. And then, of course, his latest charges of two counts of attempted first-degree murder and unlawful possession of a concealed weapon.

While Allen’s mother claims he didn’t have a gun or shoot at police that day, there’s already been evidence showcased that a gun appearing to match one shown in his social media posts was recovered at the scene.

Black Live Matter Chicago demands release of suspect who tried to murder police
Comparison of gun found on the scene of the shooting versus gun featured in Allen’s social media postings

This seems to be a proof-positive case that even when alleged criminals are arrested for attempted murder, the BLM crowd will complain and call it an injustice.

_

Want to make sure you never miss a story from Law Enforcement Today? With so much “stuff” happening in the world on social media, it’s easy for things to get lost.

Make sure you click “following” and then click “see first” so you don’t miss a thing! (See image below.) Thanks for being a part of the LET family!

Facebook Follow First

Share:
Related Posts