ADVERTISEMENT

OT:Jake Gardner found

For those unaware of the situation:
"A grand jury met in Omaha for a week and eventually ended up charging Gardner last week with four felonies: manslaughter, weapon use, terroristic threats and attempted first-degree assault. The manslaughter charge accused Gardner, 38, of intentionally killing James Scurlock, 22, during a sudden quarrel.

Gardner had faced up to 95 years in prison if convicted. But several people had speculated as to whether Gardner would be able to successfully claim that he shot Scurlock in self-defense. Douglas County Attorney Don Kleine, for example, had declined to charge Gardner on June 1, ruling that his actions amounted to self-defense.

https://omaha.com/news/local/crime-...gn=blox&utm_source=facebook&utm_medium=social"
 
  • Like
Reactions: TheBeav815
I listened to the press conference when they announced the grand jury decision. UNBREAKABLE some of the evidence that was allowed. Post's from social media?? Bar is very low for grand jury. I feel there's no way he would have been convicted in a court of law by a jury. Huge difference for a prosecutor than a grand jury. The guy had PTSD from 2 tours of duty to the middle east ( per his lawyer).

That whole press conference was weird and felt like it was more than just this case. I guess you're just supposed to let people break into your business and destroy it.
 
I listened to the press conference when they announced the grand jury decision. UNBREAKABLE some of the evidence that was allowed. Post's from social media?? Bar is very low for grand jury. I feel there's no way he would have been convicted in a court of law by a jury. Huge difference for a prosecutor than a grand jury. The guy had PTSD from 2 tours of duty to the middle east ( per his lawyer).

That whole press conference was weird and felt like it was more than just this case. I guess you're just supposed to let people break into your business and destroy it.

Yes, the “evidence” used to gain access to Gardner’s mental state was unbelievable. There was absolutely zero physical evidence so the prosecutor had to manufacture some very weak circumstantial “proof.” Prosecutor should be held liable, but I doubt anything will come of it.
 
Yes, the “evidence” used to gain access to Gardner’s mental state was unbelievable. There was absolutely zero physical evidence so the prosecutor had to manufacture some very weak circumstantial “proof.” Prosecutor should be held liable, but I doubt anything will come of it.
Agreed. So just an FYI for anyone that's ever said Iowa sucks on hear, it could be used against you in a wrong situation.

A little tongue and cheek but yet not
 
On the security video it looked like self defense. I believe the grand jury was shown the guys racist past and probably made a determination the whole thing could have been avoided. Nebraska is not Texas, you don't get near as many gun rights. It's the gun owners responsibility to know those rights and decide if you want to be judged by a jury. He made his decision. Sad for everyone around suicide is rough on a lot of people.
 
  • Like
Reactions: huskerfan66
Yes, the “evidence” used to gain access to Gardner’s mental state was unbelievable. There was absolutely zero physical evidence so the prosecutor had to manufacture some very weak circumstantial “proof.” Prosecutor should be held liable, but I doubt anything will come of it.
It is tragic, indeed. But I'm curious why you defend Gardner as obviously innocent, yet you blame Scurlock. After all, Gardner was a Marine suffering from head trauma and PTSD. Perhaps in the middle of an altercation his judgement was not the best? I don't know. I don't pretend to know all of the facts on the ground. I'm not blaming Gardner. I wasn't in his shoes. Maybe I would have done the same. At the very least the situation warranted a proper investigation.
 
Welcome to the "justice" system of 2020. You must bow to the will of the mob or else the local legal system will get you and bleed you dry with a costly court fight, the end of which you may find yourself going to prison. We have some very crooked DAs who are doing their part to turn us into a Banana Republic. Some scary and utterly infuriating stuff going on these days.

A BLM mob surrounds a man's home and makes terroristic threats towards him. Through the screen door of his home, the man shows them that he's armed and won't go down without a fight. Guess who the police arrested?
https://www.independentsentinel.com...ulling-a-gun-on-blm-mob-surrounding-his-home/

A BLM mob breaks down the gate to your private neighborhood and marches by your home while making threats of violence and saying they'll burn down your home. You and your wife step outside your home and show the mob that you're armed and that you'll defend your life and property. Guess who had their guns seized and are now facing charges?
https://www.ksdk.com/article/news/c...arged/63-be631d76-b3fc-4180-9d69-612b79bbc91d

And then there's probably the most well known case right now - Kyle Rittenhouse. A kid a who clearly acted in self defense and who is now facing charges.
https://summit.news/2020/08/27/video-analysis-proves-kyle-rittenhouse-did-not-shoot-first/
 
It is tragic, indeed. But I'm curious why you defend Gardner as obviously innocent, yet you blame Scurlock. After all, Gardner was a Marine suffering from head trauma and PTSD. Perhaps in the middle of an altercation his judgement was not the best? I don't know. I don't pretend to know all of the facts on the ground. I'm not blaming Gardner. I wasn't in his shoes. Maybe I would have done the same. At the very least the situation warranted a proper investigation.

It was investigated and the DA decided not to charge. It was only after the mob put pressure on them that a "special prosecutor" was appointed. It was the "special prosecutor" who ended up charging him.
 
Highly doubtful. This looks every bit like a crooked prosecution that was meant to appease the mob.



This was a travesty of justice and everyone involved should face consequences.
To be honest, the video is a little hard to follow, and I'm not in a position to pass judgement without first hearing all of the evidence. Still, I'd agree that Scurlock appears to be the aggressor.
 
It is tragic, indeed. But I'm curious why you defend Gardner as obviously innocent, yet you blame Scurlock. After all, Gardner was a Marine suffering from head trauma and PTSD. Perhaps in the middle of an altercation his judgement was not the best? I don't know. I don't pretend to know all of the facts on the ground. I'm not blaming Gardner. I wasn't in his shoes. Maybe I would have done the same. At the very least the situation warranted a proper investigation.

The video evidence. Scurlock was on video destroying the inside of another business prior to the altercation. He then put Gardner in a choke hold that cost him his life.

Scurlock is a thug. Not sure why our country loves to romanticize criminals.
 
The video evidence. Scurlock was on video destroying the inside of another business prior to the altercation. He then put Gardner in a choke hold that cost him his life.

Scurlock is a thug. Not sure why our country loves to romanticize criminals.
Our country does indeed romanticize criminals, but that's been true forever. Bonnie and Clyde, Al Capone, the Italian Mob. The two most popular sections of the news are crime and sports. It must be the horrible spectacle of it all that captivates.
 
I listened to the press conference when they announced the grand jury decision. UNBREAKABLE some of the evidence that was allowed. Post's from social media?? Bar is very low for grand jury. I feel there's no way he would have been convicted in a court of law by a jury. Huge difference for a prosecutor than a grand jury. The guy had PTSD from 2 tours of duty to the middle east ( per his lawyer).

That whole press conference was weird and felt like it was more than just this case. I guess you're just supposed to let people break into your business and destroy it.
I am not sure what "unbreakable" means in this context. It this a typo?

First, all Grand Jury proceedings are secret, both State and Federal. I have never had any prosecutor ever tell me anything about the proceedings ever. I have managed to see transcripts from a total of one Grand Jury hearing ever and that was in 1999. In one state courthouse where I practiced extensively, even the lawyers were forbidden from carrying their phones into the building to make sure none of the Grand Jurors would be videoed or otherwise recorded. Color me skeptical that anyone outside of the GJ knows what evidence was presented.

Second, under the GJ statute, the GJ has a right to request the production of documents or other evidence. This includes social media posts. It is very important to remember that like a Preliminary hearing in County Court (which all those charged with a felony have the right to have), the Rules of Evidence do not apply, as apposed to trial, and the standard of proof is very low (Does Probable Cause exist to show that a felony may have occurred and that the accused may have had something to do with it). If so the case is bound over to the District Court for trial. In GJ cases, if that low burden is met, then the case is directly filed to the District Court for trial (as here).

Third, Self Defense is an affirmative defense. That means that the accused has the burden of presenting evidence (this is important) AT TRIAL TO THE FINDER OF FACT (jury or judge is accused waives right to jury trial). It is the finder of fact that weighs
the evidence and decides if the accused acted in self defense.

I have no dog in this fight. It is tragic that two young men are dead before their time. Everybody is entitled to their own opinions, but the amount of garbage spewed by those who have grossly uninformed opinions is breathtaking.
 
Maybe there was more to it than you or I know.
there always is. but some people are so politically and socially oriented they only see what they want to see. they are unable to see anything else. Every word every action every reaction is motivated by political or social intentions. its sad. its sociopathic behavior. basically obsessive/cumpulsive disorder. they are part of the problem and they can't recognize it
 
there always is. but some people are so politically and socially oriented they only see what they want to see. they are unable to see anything else. Every word every action every reaction is motivated by political or social intentions. its sad. its sociopathic behavior. basically obsessive/cumpulsive disorder. they are part of the problem and they can't recognize it

I’m glad you can admit you’re a sociopath Bingo. Big first step in your road to recovery.
 
Both deaths caused by the radical polarization created by social/mainstream media. The result of people being enslaved by their respective echo chambers. Both men took their actions/reactions to extremes and paid the ultimate price.
 
  • Like
Reactions: OzzyLvr and newAD
I am not sure what "unbreakable" means in this context. It this a typo?

First, all Grand Jury proceedings are secret, both State and Federal. I have never had any prosecutor ever tell me anything about the proceedings ever. I have managed to see transcripts from a total of one Grand Jury hearing ever and that was in 1999. In one state courthouse where I practiced extensively, even the lawyers were forbidden from carrying their phones into the building to make sure none of the Grand Jurors would be videoed or otherwise recorded. Color me skeptical that anyone outside of the GJ knows what evidence was presented.

Second, under the GJ statute, the GJ has a right to request the production of documents or other evidence. This includes social media posts. It is very important to remember that like a Preliminary hearing in County Court (which all those charged with a felony have the right to have), the Rules of Evidence do not apply, as apposed to trial, and the standard of proof is very low (Does Probable Cause exist to show that a felony may have occurred and that the accused may have had something to do with it). If so the case is bound over to the District Court for trial. In GJ cases, if that low burden is met, then the case is directly filed to the District Court for trial (as here).

Third, Self Defense is an affirmative defense. That means that the accused has the burden of presenting evidence (this is important) AT TRIAL TO THE FINDER OF FACT (jury or judge is accused waives right to jury trial). It is the finder of fact that weighs
the evidence and decides if the accused acted in self defense.

I have no dog in this fight. It is tragic that two young men are dead before their time. Everybody is entitled to their own opinions, but the amount of garbage spewed by those who have grossly uninformed opinions is breathtaking.
Yes that was a typo 🤣. Sorry. Dang auto type
 
It was investigated and the DA decided not to charge. It was only after the mob put pressure on them that a "special prosecutor" was appointed. It was the "special prosecutor" who ended up charging him.

The special prosecutor did not "charge" him. The special prosecutor presented the case and the grand jury members 'indicted' him.

The grand jury decided there was enough evidence to 'indict' him, which is the same level required to arrest someone (probable cause). The grand jury is NOT asked if they feel the evidence proves beyond a reasonable doubt. Also, a lot of evidence that comes out in a grand jury might not be allowed in trial for a few reasons.

In my opinion, there was always enough evidence/probable cause to arrest him for Manslaughter. Also, in my opinion, (see Nebraska definition below), proving the case ''beyond a reasonable doubt" would have been really difficult. I told my family and co-workers I expected an indictment for manslaughter before the grand jury began, and a not guilty verdict at trial.

After a couple of days after the death of Scurlock, the county attorney chose not to charge Gardner "AT THAT TIME", and Gardner was released because you can't hold someone in custody without charges forever (this is still America). Even though Gardner was released the the investigation never stopped. But again, ignorance and stupidity led the stupid to think nothing was going to happen on the case.

A prosecutor gets ONE shot at a trial, so he/she waits until he/she thinks they have the evidence to overcome "beyond a reasonable doubt". That is why at times, cops will arrest, but prosecutors will drop charges the next day. But in major high profile cases, it is not uncommon for the police to consult with the prosecutor where there is enough evidence to arrest, and the prosecutor will direct them not to arrest, because his burden of proof is so much higher.

So just because Don Kleine didn't immediately charge Gardner, doesn't mean Kleine did anything wrong (despite what the idiots think). It also doesn't mean Kleine might not have charged him in the future. But that wasn't good enough for the critics who don't have a clue about how the legal system works. People calling for Kleine to resign or be voted out are frankly ignorant.

BTW, Don Kleine has more integrity that just about any person I've ever met, and certainly more integrity that people who spout off at the mouth and don't know what the hell they are talking about.

I don't think Gardner's suicide makes it clear that he-himself thought he was guilty. If I were him, the thought of going to Douglas County Jail would scare the hell out of me too. He's been convicted in the minds of a lot of people, and his life would have been in danger. His attorney's also said Gardner feared he wouldn't get a fair trial in Douglas County. He might have been right. His attorney's could have also filed for a change of venue to another county.

This case shows that a lot of people (those critical of the County Attorney Don Kleine) are completely clueless about the following terms/concepts:

Burden of proof
Probable Cause
Beyond a Reasonable Doubt
Right to a Speedy Trial
Double Jeopardy
Dismissed with prejudice
etc

28-305.
Manslaughter; penalty.
(1) A person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.
 
The special prosecutor did not "charge" him. The special prosecutor presented the case and the grand jury members 'indicted' him.

The grand jury decided there was enough evidence to 'indict' him, which is the same level required to arrest someone (probable cause). The grand jury is NOT asked if they feel the evidence proves beyond a reasonable doubt. Also, a lot of evidence that comes out in a grand jury might not be allowed in trial for a few reasons.

In my opinion, there was always enough evidence/probable cause to arrest him for Manslaughter. Also, in my opinion, (see Nebraska definition below), proving the case ''beyond a reasonable doubt" would have been really difficult. I told my family and co-workers I expected an indictment for manslaughter before the grand jury began, and a not guilty verdict at trial.

After a couple of days after the death of Scurlock, the county attorney chose not to charge Gardner "AT THAT TIME", and Gardner was released because you can't hold someone in custody without charges forever (this is still America). Even though Gardner was released the the investigation never stopped. But again, ignorance and stupidity led the stupid to think nothing was going to happen on the case.

A prosecutor gets ONE shot at a trial, so he/she waits until he/she thinks they have the evidence to overcome "beyond a reasonable doubt". That is why at times, cops will arrest, but prosecutors will drop charges the next day. But in major high profile cases, it is not uncommon for the police to consult with the prosecutor where there is enough evidence to arrest, and the prosecutor will direct them not to arrest, because his burden of proof is so much higher.

So just because Don Kleine didn't immediately charge Gardner, doesn't mean Kleine did anything wrong (despite what the idiots think). It also doesn't mean Kleine might not have charged him in the future. But that wasn't good enough for the critics who don't have a clue about how the legal system works. People calling for Kleine to resign or be voted out are frankly ignorant.

BTW, Don Kleine has more integrity that just about any person I've ever met, and certainly more integrity that people who spout off at the mouth and don't know what the hell they are talking about.

I don't think Gardner's suicide makes it clear that he-himself thought he was guilty. If I were him, the thought of going to Douglas County Jail would scare the hell out of me too. He's been convicted in the minds of a lot of people, and his life would have been in danger. His attorney's also said Gardner feared he wouldn't get a fair trial in Douglas County. He might have been right. His attorney's could have also filed for a change of venue to another county.

This case shows that a lot of people (those critical of the County Attorney Don Kleine) are completely clueless about the following terms/concepts:

Burden of proof
Probable Cause
Beyond a Reasonable Doubt
Right to a Speedy Trial
Double Jeopardy
Dismissed with prejudice
etc

28-305.
Manslaughter; penalty.
(1) A person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.

Don Kleine gave a great review of the footage, and why Gardner was acting in self defense. It should have really stopped there, but the racial witch-hunt still went on. Gardner received multiple death threats and had to leave the state.

Grand Jury found their needed “evidence” in texts and social media posts... just ludicrous. Gardner most likely would of won his trial, but sadly he took his own life. PTSD, death threats, and having to go to prison was too much for him.
 
Don Kleine gave a great review of the footage, and why Gardner was acting in self defense. It should have really stopped there, but the racial witch-hunt still went on. Gardner received multiple death threats and had to leave the state.

Grand Jury found their needed “evidence” in texts and social media posts... just ludicrous. Gardner most likely would of won his trial, but sadly he took his own life. PTSD, death threats, and having to go to prison was too much for him.

Kleine based his initial decision on that yes, but as I said, the investigation was still going on and witnesses were still being located to be interviewed. Kleine tried to explain to people why he made his decision not to charge AT THAT TIME, based on what evidence he had, AT THAT TIME. He knew detectives were still investigating the case and he never said his decision couldn't have changed.

We don't know what evidence the grand jury felt was important and what wasn't, and again, I always felt Gardner 'could' have been arrested that night for Manslaughter.

The fact that there is even a debate about if it was or wasn't self defense shows that reasonable doubt exists IMHO. So yes I agree he walks in a trial. If his state of mind from his texts are fair play then so is Scurlock's who was committing a felony moments before.
 
  • Like
Reactions: OzzyLvr
The special prosecutor did not "charge" him. The special prosecutor presented the case and the grand jury members 'indicted' him.

The grand jury decided there was enough evidence to 'indict' him, which is the same level required to arrest someone (probable cause). The grand jury is NOT asked if they feel the evidence proves beyond a reasonable doubt. Also, a lot of evidence that comes out in a grand jury might not be allowed in trial for a few reasons.

In my opinion, there was always enough evidence/probable cause to arrest him for Manslaughter. Also, in my opinion, (see Nebraska definition below), proving the case ''beyond a reasonable doubt" would have been really difficult. I told my family and co-workers I expected an indictment for manslaughter before the grand jury began, and a not guilty verdict at trial.

After a couple of days after the death of Scurlock, the county attorney chose not to charge Gardner "AT THAT TIME", and Gardner was released because you can't hold someone in custody without charges forever (this is still America). Even though Gardner was released the the investigation never stopped. But again, ignorance and stupidity led the stupid to think nothing was going to happen on the case.

A prosecutor gets ONE shot at a trial, so he/she waits until he/she thinks they have the evidence to overcome "beyond a reasonable doubt". That is why at times, cops will arrest, but prosecutors will drop charges the next day. But in major high profile cases, it is not uncommon for the police to consult with the prosecutor where there is enough evidence to arrest, and the prosecutor will direct them not to arrest, because his burden of proof is so much higher.

So just because Don Kleine didn't immediately charge Gardner, doesn't mean Kleine did anything wrong (despite what the idiots think). It also doesn't mean Kleine might not have charged him in the future. But that wasn't good enough for the critics who don't have a clue about how the legal system works. People calling for Kleine to resign or be voted out are frankly ignorant.

BTW, Don Kleine has more integrity that just about any person I've ever met, and certainly more integrity that people who spout off at the mouth and don't know what the hell they are talking about.

I don't think Gardner's suicide makes it clear that he-himself thought he was guilty. If I were him, the thought of going to Douglas County Jail would scare the hell out of me too. He's been convicted in the minds of a lot of people, and his life would have been in danger. His attorney's also said Gardner feared he wouldn't get a fair trial in Douglas County. He might have been right. His attorney's could have also filed for a change of venue to another county.

This case shows that a lot of people (those critical of the County Attorney Don Kleine) are completely clueless about the following terms/concepts:

Burden of proof
Probable Cause
Beyond a Reasonable Doubt
Right to a Speedy Trial
Double Jeopardy
Dismissed with prejudice
etc

28-305.
Manslaughter; penalty.
(1) A person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.
EXCELLENT post. You laid it out perfectly. Even the special prosecutor, in his press conference, was very complimentary of Kleine and understood why he refused to press charges at that time.

Yes it's intriguing that ALL evidence used/collected in grand jury investigation is sealed and generally can not be used in trial. Although sometimes they can.
 
The special prosecutor did not "charge" him. The special prosecutor presented the case and the grand jury members 'indicted' him.

The grand jury decided there was enough evidence to 'indict' him, which is the same level required to arrest someone (probable cause). The grand jury is NOT asked if they feel the evidence proves beyond a reasonable doubt. Also, a lot of evidence that comes out in a grand jury might not be allowed in trial for a few reasons.

In my opinion, there was always enough evidence/probable cause to arrest him for Manslaughter. Also, in my opinion, (see Nebraska definition below), proving the case ''beyond a reasonable doubt" would have been really difficult. I told my family and co-workers I expected an indictment for manslaughter before the grand jury began, and a not guilty verdict at trial.

After a couple of days after the death of Scurlock, the county attorney chose not to charge Gardner "AT THAT TIME", and Gardner was released because you can't hold someone in custody without charges forever (this is still America). Even though Gardner was released the the investigation never stopped. But again, ignorance and stupidity led the stupid to think nothing was going to happen on the case.

A prosecutor gets ONE shot at a trial, so he/she waits until he/she thinks they have the evidence to overcome "beyond a reasonable doubt". That is why at times, cops will arrest, but prosecutors will drop charges the next day. But in major high profile cases, it is not uncommon for the police to consult with the prosecutor where there is enough evidence to arrest, and the prosecutor will direct them not to arrest, because his burden of proof is so much higher.

So just because Don Kleine didn't immediately charge Gardner, doesn't mean Kleine did anything wrong (despite what the idiots think). It also doesn't mean Kleine might not have charged him in the future. But that wasn't good enough for the critics who don't have a clue about how the legal system works. People calling for Kleine to resign or be voted out are frankly ignorant.

BTW, Don Kleine has more integrity that just about any person I've ever met, and certainly more integrity that people who spout off at the mouth and don't know what the hell they are talking about.

I don't think Gardner's suicide makes it clear that he-himself thought he was guilty. If I were him, the thought of going to Douglas County Jail would scare the hell out of me too. He's been convicted in the minds of a lot of people, and his life would have been in danger. His attorney's also said Gardner feared he wouldn't get a fair trial in Douglas County. He might have been right. His attorney's could have also filed for a change of venue to another county.

This case shows that a lot of people (those critical of the County Attorney Don Kleine) are completely clueless about the following terms/concepts:

Burden of proof
Probable Cause
Beyond a Reasonable Doubt
Right to a Speedy Trial
Double Jeopardy
Dismissed with prejudice
etc

28-305.
Manslaughter; penalty.
(1) A person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.

A lot of good info. The bottom line though is that it looks to me like Jake Gardner was being railroaded by a legal system that was bowing to the mob.

I believe Kleine made the right decision to not press charges. He reviewed all the evidence he had and determined that justice would not be served by pressing charges. But then the mob started to make noise, so Keine relented and allowed a grand jury review. We don't know what "evidence" was presented to the grand jury, but the special prosecutor stated "that [the new] evidence comes, primarily from Jake Gardner himself". It looks to me like he's referring to online posts.

In what is becoming all too common in cases like this, terms such as "racist" and "homophobe" (plus many more) are unfairly applied to people based on what people post online. In many cases these are outright lies or what was posted was taken completely out of context. Based on what I've seen so far, I have a strong suspicion that the "new evidence" was exactly this - posts he made online. WTH does what you post online have any bearing on this? (FYI - the questions posed are not directed at anyone in particular).

For example, imagine you have a Michigan fan who posts on Facebook that he hates all OSU fans with a passion. Two weeks after making this post a group of people come to his place of business and start vandalizing it. He goes outside and confronts the vandals. Two of the vandals attack him, forcing him to pull out his gun whereby he fires two warning shots. It works because the vandals begin to scatter, except one. A 3rd person jumps on his back and begins to choke him. A fight ensues and the Michigan fan is forced to shoot his attacker. Should it make any difference whatsoever that the person he shot was wearing an OSU shirt? I don't think it should matter one bit. People have a right to defend themselves and to defend their property, no matter who their attacker is.

From my point of view, there's too much that doesn't pass the smell test. The guy was being attacked and was forced to defend himself. For having the gall to defend himself, this guy lost his business and now was facing politically motivated charges which would probably cost him a mountain of money for a good legal team, which he'd have to pay for himself since the left-leaning GoFundMe shut down the fund that was set up for his legal defense.

I think what happened here was a complete travesty of justice and those who were involved should be held accountable.
 
  • Like
Reactions: OzzyLvr and newAD
A few more thoughts. First, I don't care about the race of either person. I care about the facts and the law. I've noted above I felt Gardner could have been charged IMO, but a conviction would have been very unlikely IMO.

Second, Scurlock supporters claim that he is a hero and stopped an "active shooter." A former Marine armed with numerous people around but he fired warning shots into the air? Uh... I know lots of former Marines, and they all can shoot well. If Gardner was an active shooter, he would have killed a lot of people long before he was on the ground in a choke hold, and NOT asked him to get off of him before firing. I'm NOT justifying his actions, I'm saying he was NOT an "Active Shooter."

Third, had I known how this would turn out from the beginning, I would have wanted Gardner charged right away. If vocal groups are going to demand prosecutors charge immediately and take people to trial when they don't feel there is enough evidence, then so be it. Be prepared for mistakes to be made and defendants to GO FREE FOR LIFE, as they can't be charged again (Double Jeopardy). But oh well, as long as the ignorant are happy immediately, who cares about results.

Fourth, trust the legal system. If you can't define/describe for me the terms/concepts in my earlier post, don't tell me you don't trust the legal process when the problem is you don't understand the process.

Fifth, the Nebraska ACLU says Scurlock should still be alive. I totally agree. Had large groups of people been just protesting and not committing burglaries/vandalizing (including Scurlock) he'd still be alive. People make bad decisions when mob mentality rules.

Finally, there was plenty of bad decisions on both sides of this incident.
 
d
A few more thoughts. First, I don't care about the race of either person. I care about the facts and the law. I've noted above I felt Gardner could have been charged IMO, but a conviction would have been very unlikely IMO.

Second, Scurlock supporters claim that he is a hero and stopped an "active shooter." A former Marine armed with numerous people around but he fired warning shots into the air? Uh... I know lots of former Marines, and they all can shoot well. If Gardner was an active shooter, he would have killed a lot of people long before he was on the ground in a choke hold, and NOT asked him to get off of him before firing. I'm NOT justifying his actions, I'm saying he was NOT an "Active Shooter."

Third, had I known how this would turn out from the beginning, I would have wanted Gardner charged right away. If vocal groups are going to demand prosecutors charge immediately and take people to trial when they don't feel there is enough evidence, then so be it. Be prepared for mistakes to be made and defendants to GO FREE FOR LIFE, as they can't be charged again (Double Jeopardy). But oh well, as long as the ignorant are happy immediately, who cares about results.

Fourth, trust the legal system. If you can't define/describe for me the terms/concepts in my earlier post, don't tell me you don't trust the legal process when the problem is you don't understand the process.

Fifth, the Nebraska ACLU says Scurlock should still be alive. I totally agree. Had large groups of people been just protesting and not committing burglaries/vandalizing (including Scurlock) he'd still be alive. People make bad decisions when mob mentality rules.

Finally, there was plenty of bad decisions on both sides of this incident.

You keep saying in your opinion he could have been charged. Do you believe he should of been charged initially, or no? You seem to be talking out of both sides of your mouth.
 
Last edited:
I have a bad habit of not proofreading my posts...only to read later aoutofill, auto correct or a fat finger figured they know best. Bastages!

I live down to the reputation of being a Trump supporter frequently in the grammar department. I do most of my posting from my phone, with a cracked screen...... which equals bad.
 
  • Like
Reactions: tarheelhusker
ADVERTISEMENT