The white bar owner who shot and killed a 22-year-old Black Omaha man on Saturday night won't face charges, Douglas County Attorney Don Kleine said Monday. Kline says Jake Gardner, owner of the bar The Hive, acted in self defense when he killed James Scurlock.

According to the Omaha World-Herald:

Gardner could be seen talking with a group of young men, including Scurlock, and backing up. In one video circulating online, a cellphone user says, "That (expletive) got a gun."

Words were exchanged, and Gardner ended up on his back in the middle of Harney Street. He fired two warning shots. The skirmish continued, and Gardner remained on his back, with Scurlock getting Gardner in a chokehold. Gardner fired again. That shot hit Scurlock in the neck, killing him.

In one of the videos circulating online, another young man — a tall white man — can be seen waving away Gardner. Then a confrontation among a handful of people, including Scurlock, and Gardner. A cellphone user can be heard yelling about Gardner: “That (expletive) got a gun … It’s not worth it (expletive) you stu-”

Less than 10 seconds later, shots rang out.

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