On May 30, 2020, James Scurlock, a 22-year-old black male protester, was fatally shot by a 38-year-old bar owner, Jacob "Jake" Gardner.

[1] Surveillance video of the strip of bars shows a group of people, including Scurlock, being approached by Jacob Gardner, his father, and one other male in the street.

Gardner, who was nearby decided to investigate the altercation, then revealed a concealed handgun at his waistband, and while moving away, simultaneously verbally threatened the group, including Scurlock, to stay back.

[6][7][needs update] On May 30, 2020, around 11:00 pm, James Scurlock and a group of protestors were in the Old Market area of Omaha, Nebraska, during the George Floyd protests.

[8] During the protest, Scurlock was filmed vandalizing inside a building, including exterior windows and interior office spaces.

Scurlock was then headed east toward the corner of 13th and Harney Street near the business belonging to Jacob Gardner, a white bar owner.

[10] A verbal altercation between Gardner and a group of people he believed to be in association with the man who pushed his father ensued.

[15] Kleine described what occurred in the incident, showed copies of video evidence for the audience, narrating what took place, and explained the conclusion that Gardner had acted in self-defense.

[16][9] Prosecutors said Gardner had once held an active Nebraska Concealed Handgun Permit, but that it had expired by the time of the shooting.

[18] The Scurlock family's attorney and Nebraska State Senator, Justin Wayne, asked Kleine to send the case to a grand jury.

He explained Gardner should face other charges, such as manslaughter, a concealed carry permit violation, or for firing gunshots within the Omaha city limits.

[19] He met with Omaha Councilperson Ben Gray and Douglas County Commissioner Chris Rodgers to consider involving the United States Department of Justice.

[11] On September 15, 2020, Gardner was indicted by the grand jury on manslaughter, attempted first-degree assault, making terroristic threats and use of a weapon to commit a felony.

Gardner had left Nebraska allegedly due to death threats he was receiving there, and initially stayed in Northern California but relocated to Oregon during the wildfires.

[9] The family's attorney Justin Wayne said, "In this community, we prosecute black and brown individuals a lot more for things like we just watched," in reference to the video of the incident shown at the press conference.

[9] The Miami Herald reported that Nebraska State Senator Megan Hunt tweeted: "Don Kleine and Douglas County have made a huge mistake.

"[31] On June 1, 2020, the rock band 311 and its vocalist Nick Hexum posted on social media that Scurlock was shot dead by a fan of their group, and that they did not condone the violence shown in the shooting.

[24] The events are retold in the book The Lost Sons of Omaha: Two Young Men in an American Tragedy by Joseph Sexton.