Special Prosecutor Fredrick D. Franklin spoke on Wednesday about the grand jury decision regarding the charges against Jake Gardner in connection to the shooting death of James Scurlock.
On Friday, an arrest warrant was issued for Gardner on charges of manslaughter, use of a weapon to commit a felony, attempted first-degree assault, and terroristic threats. Gardner was in Oregon at the time of the indictment and would never make it back to Nebraska to turn himself in.
Garnder was found dead Sunday outside a medical clinic in Hillsboro, Oregon, according to the Hillsboro Police Department. His attorney, Stu Dornan, confirmed the death was a suicide.
During Wednesday's press conference, Franklin walked through the grand jury’s decision and the evidence they were presented.
According to Franklin, evidence was not only gathered from witness testimony but also from what was found on Jake Garnder’s cellphone. Franklin referenced text and Facebook messages that depicted Gardner not agreeing with the protests the night of James Scurlock’s death, saying that Gardner was "philosophically opposed" to the reasoning behind the protests. Franklin said Gardner also sent a message about "how they could be dealt with," if looters came into his business.
Franklin then described the timeline of events from that night according to the evidence the grand jury was presented.
According to Franklin, Gardner had turned off the lights to his business and remained inside as protests and looting were happening around his bar. Franklin said Gardner had a shotgun and three handguns inside the bar with him that night. Gardner’s business was damaged, but Franklin said "There was not a single attempt to go inside the property."
Franklin said, "Jake Gardner had set up an ambush inside his business, waiting on a looter to come in so he could 'light him up.'" The Special Prosecutor adding that in one of the message exchanges Gardner had that night, he referenced if the line of fire was clear from inside his bar to outside.
Gardner eventually emerged from his business and within ten minutes an altercation ensued.
Franklin then referenced the surveillance video that circulated media and said it did not capture what happened initially, but when slowed down and enhanced presents evidence against Gardner. It was reported that a protester pushed Gardner’s father, with Gardner responding by pursuing who he thought was at fault.
Following the description of the timeline, Franklin explained why his news conference was postponed from Tuesday to Wednesday. Fanklin said he was waiting on the Hillsboro Police Department to release the details regarding Jake Gardner’s suicide in Oregon. According to Franklin, nothing has been provided yet and he is waiting to receive Gardner’s death certificate.