In a news conference Wednesday afternoon, Douglas County Attorney Don Kleine said he was calling for a grand jury to look into James Scurlock's death.
Scurlock was killed during a shooting at 12th and Harney Saturday night after peaceful protests devolved into violence and destruction. Jake Gardner says he shot Scurlock in self-defense.
Kleine said he stood by his decision not to file charges, but said that he would "welcome and support" a review by the grand jury. "I am not afraid of having a decision I've made reviewed by others."
The county attorney said he would support having a special prosecutor on the case. "I have no qualm with oversight," he said.
He said his office works very hard to make the right call, and that he tried to make the decision regarding any charges "as expeditiously as we could."
Earlier on Wednesday, Kleine confirmed that the man who shot and killed James Scurlock could still be charged, if a grand jury were to convene and determine the case can and should proceed.
He also said he met with Omaha Councilman Ben Gray and Douglas County Commissioner Chris Rodgers on Tuesday morning, and that The U.S. Justice Department could get involved as well.
Kleine said Wednesday that the information presented during Monday's news conference spelled out all the reasons they could not charge the shooter at this time.
Meanwhile, an image and voice recording from Preston Love Jr. of Black Votes Matter is circulating online, stating "the James Scurlock case is still open" and urging people to submit any "video, audio, or any other information" about the incident to send it to Kleine's office, the Omaha Police Department, or to attorney Justin Wayne.
The Scurlock family is relieved and thanked the community for standing by the family. "I understand the pressure on everybody from the judicial board to the community, second of all I want to thank Mr. Kleine for finally invoking it. That's all I pretty much got to say, we got a long road ahead of us this ain't it," said James Scurlock II.
Justin Wayne represents the Scurlock family. He says there is still a lot of evidence out there that should be presented to the police. "I think it's also important for people to understand the collective voice we were here Monday calling for justice for James and today we are one step closer for justice for James," said Wayne.