Racism Means No Rights

PUBLISHED: 6:11 PM 17 Sep 2020

Claiming “Racism”: Bar Owner Who Shot In Terrorist In Self Defense Now Charged With Manslaughter

Despite an abundance of real evidence of self-defense, the bar owner is facing charges based on his “previous” words and actions.

Racism Means no right to self-defense? (Source: National review YouTube Screenshot)

Apparently, in the United States of America, certain people no longer have the basic and universal rights guaranteed by the Constitution.

Growing up, I was taught that even vile, disgusting members of the KKK were allowed to defend themselves from violent attacks. But, that’s not the case any longer, thanks to the media manipulators and liberal propagandists.

Now, if a person has ever done anything that can be considered remotely ‘intolerant’… that person isn’t allowed to defend himself from an unprovoked, deadly attack.

Omaha.com reported:

In a resounding indictment reflective of the twists and turmoil of 2020, a grand jury on Tuesday charged a white bar owner in the shooting death of a 22-year-old Black man during protests downtown on May 30.

The grand jury rejected Jake Gardner’s claims that he acted in self-defense in the death of James Scurlock, charging him with four felonies: manslaughter, attempted first-degree assault, making terroristic threats and weapon use. If convicted, Gardner, 38, could face up to 95 years in prison.

Special prosecutor Fred Franklin, who led the grand jury, was quick to note Tuesday that the indictment indicates probable cause, which is a much lower standard than the one needed to convict: proof beyond a reasonable doubt. And Gardner’s defense team is expected to mount a vigorous self-defense case.

Nonetheless, Franklin said his view of the case had changed from June 1, when he watched Douglas County Attorney Don Kleine announce at a press conference that he wouldn’t be charging Jake Gardner because Gardner said he fired in self-defense after Scurlock had him in a chokehold.

Franklin said Tuesday he initially thought he would arrive at the same conclusion, that the shooting was justified.

But Omaha police — and Franklin’s investigators, both retired Omaha police detectives — kept working. Investigators interviewed 60 witnesses.

In the end, Franklin indicated, Gardner was charged because of an age-old albatross of defendants: his own words.

“I can tell you that there is evidence that undermines (claims of self-defense),” Franklin said. “And that evidence comes primarily from Jake Gardner himself.”

Without getting into specifics, Franklin pointed to texts from Gardner’s phone; messages from Gardner’s Facebook account; and Gardner’s interactions with bystanders “prior to even coming in contact with James Scurlock.”

Also: surveillance video that showed Gardner and his father, David Gardner, inside Gardner’s business that night.

Franklin didn’t elaborate on those pieces of evidence, nor did he specify whether the grand jury was unanimous in its charging decision. Under state law, it takes 12 of 16 grand jurors to indict.

The retired federal prosecutor did, however, outline the other charges against Gardner.

  • 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,” Franklin said. Video showed Gardner flashing a gun in his waistband as he confronted Scurlock and others after Gardner’s dad was pushed down.

Attempted first-degree assault:

  • Video shows Gardner firing what he characterized as two warning shots when he was tackled from behind by a young woman before the struggle with Scurlock. Franklin, who was not present for the grand jury’s deliberations, said the second shot was the thrust of the attempted assault claim. He didn’t explain.

Weapon use:

  • That charge is connected to all three felonies, Franklin said. Under Nebraska law, someone such as Gardner can claim self-defense if he has a reasonable belief that his life or the lives of others is in danger. However, the law says, “the use of deadly force shall not be justifiable … if the actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter.”

The grand jury did not charge the case as a hate crime. Franklin said he would not have allowed grand jurors to indict based solely on allegations of racism. Gardner’s relatives, a former employee and former customers have accused him of racism.

Big League Politics explained it this way:

Business owner Jake Gardner has been charged with multiple felonies, including manslaughter, after killing a Black Lives Matter terrorist outside of his business in Omaha, Neb. over three months ago.

Attorney Frederick Franklin, who was appointed by Judge Shelly Stratman as special investigator, is leading this railroading. He used Facebook messages from Gardner to bias the grand jury, showing how the 1st Amendment is no more in America.

“The grand jury was able to have information from his cellphone, from his Facebook Messenger account, they were able to review video from inside Mr. Gardner’s business, and they were able to get evidence relative to Mr. Gardner’s state of mind,” Franklin said on Tuesday.

Top of Form

Bottom of Form

Franklin said that the grand jury was made aware of “activity that Jake Gardner was engaged in before even coming in contact with James Scurlock.” So, in effect, Gardner is being charged for things that had nothing to do with the self-defense shooting of the BLM terrorist. This is what happens when leftists replace the rule of law with rule by mob.

The Omaha World-Herald noted that Gardner had stated he was going to “pull a military-style firewatch” at his bar in order to keep BLM thugs at bay. A nearby bartender claimed without evidence that Gardner had told rioters to “kiss my white ass.” This was apparently enough to throw the slew of charges at Gardner.

The family of the dead terrorist Scurlock demanded a grand jury investigation after Douglas County Attorney Don Kleine initially declined to charge Gardner. There were protests as well demanding that Gardner be crucified for standing his ground against a rioter.

Scurlock family attorney Justin Wayne said: “We are thankful, and the family is supportive and happy about the support it received, but they’re often reminded of, ‘It shouldn’t have had to take this much.’”

Once again, the mob reigns supreme, and an innocent white man is getting railroaded. These are the fruits of a multicultural America.

Big League Politics reported about the Gardner case shortly after it happened in June:

An Omaha, Neb. business owner who shot a rioter to defend his property will not be charged with a crime, authorities have announced.

“One of the troubling things… is there is a lot of misinformation about this case in particular,” said Douglas County Attorney Don Kleine.

Kleine said that James Scurlock, the 22-year-old man who was shot dead on Saturday night, spoke with the business owner, identified as Jake Gardner, accompanied by an unruly mob of looters. Members of the mob had previously shoved down Gardner’s father.

Gardner asked the mob leave the premise and showed that he was carrying a handgun to indicate his seriousness. This did not dissuade the mob, who attacked Gardner despite the fact that he had a handgun before falling into a puddle on the street in front of a bar. Gardner grabbed his gun and fired two warning shots at this point, causing one mob member to run away.

Scurlock refused to stop his attack and pummeled Gardner, reportedly choking him. Witnesses said they could hear Gardner telling Scurlock to “get off” of him at this point. Gardner was eventually able to get off a shot, which hit Scurlock in the collar bone. Scurlock was transported to Nebraska Medical Center where he was pronounced dead.

Law enforcement was able to figure out exactly what happened during the scuffle after consulting with witnesses and reviewing security camera footage.

“The bar owner was interviewed with lawyers present. He said the first shot was a warning shot. He said Scurlock jumped on him and he was scared Scurlock was going to take his gun. He fired in self-defense. He was scared he would lose his life or severe bodily injury,” Kleine said.

Gardner was detained on Saturday night, but was released from custody on Sunday night and will not face charges.

“He has shown he has a gun. He made it clear he was armed. He said when someone was on top of him that they said they were going to kill him,” Kleine said.

Kleine added that Gardner seemed shocked and remorseful over what he had to do to defend his property and his personal safety against the mob.

In America, the white male is a second-class citizen. The only privileges are reserved to designated victim groups. It will only get drastically worse with the demographic winter on the horizon.