QMany Posted June 1, 2020 Share Posted June 1, 2020 They are showing a few videos. It seems to started as an altercation between Gardner and two others that went to the ground. Gardner fired two shots at them. As they are running away, Scurlock jumps on Gardner from behind. Gardner said he had a choke hold on him and asked for him to stop. (It is hard to make out on video and there is no audio). He fired one shot over his shoulder into Scurlock's clavicle. Quote (4) The use of deadly force shall not be justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily harm... https://nebraskalegislature.gov/laws/statutes.php?statute=28-1409 The County Attorney added "there is video of Mr. Scurlock in the RBG destroying property... but I don't think that is relevant here." He didn't say anything about Gardner's "BLM are terrorists" and/or "military firewatch" FB posts. Link to comment
QMany Posted June 1, 2020 Share Posted June 1, 2020 "He previously had a concealed carry permit... that I believe was expired at this time." Link to comment
BigRedBuster Posted June 1, 2020 Share Posted June 1, 2020 21 hours ago, BIGREDIOWAN said: Pretty close to it! It was by the gun shop on Merle Hay Road. The Merle Hay area was a mess last night! I used to live a block east of Merle Hay and Urbandale Ave. that should be pretty close. That's sad. Link to comment
QMany Posted June 1, 2020 Share Posted June 1, 2020 He was released from custody Sunday night (one-day hold and investigation). Link to comment
ColoradoHusk Posted June 1, 2020 Share Posted June 1, 2020 19 minutes ago, Moiraine said: It was self defense... but damn, do they need to drop charges RIGHT f#&%ING NOW?? Can't they wait a couple weeks? The DA was doing his job, and it's the law. Someone can't be held in custody longer than a few days without charging them. 2 Link to comment
Moiraine Posted June 1, 2020 Share Posted June 1, 2020 1 hour ago, ColoradoHusk said: The DA was doing his job, and it's the law. Someone can't be held in custody longer than a few days without charging them. It can take months for charges to be dropped in self defense cases, and I don't think they have to hold the person the entire time but I could be wrong there. Link to comment
Decoy73 Posted June 1, 2020 Share Posted June 1, 2020 Just now, Moiraine said: I didn't say he had to be held in custody. It can take months for charges to be dropped in self defense cases, and I don't think they have to hold the person the entire time but I could be wrong there. There were no charges to be dropped. They can still file a charge if newer evidence is presented, but Klein announced that based on the evidence available, he was not charging him. 2 Link to comment
Moiraine Posted June 1, 2020 Share Posted June 1, 2020 4 minutes ago, Decoy73 said: There were no charges to be dropped. They can still file a charge if newer evidence is presented, but Klein announced that based on the evidence available, he was not charging him. Gotcha, really I'm just thinking of any way they could have delayed this at least a few days. Link to comment
teachercd Posted June 1, 2020 Share Posted June 1, 2020 3 minutes ago, Moiraine said: Gotcha, really I'm just thinking of any way they could have delayed this at least a few days. I guess assuming he was free to go, then yeah, they could have waited. Link to comment
RedDenver Posted June 1, 2020 Share Posted June 1, 2020 13 minutes ago, Moiraine said: Gotcha, really I'm just thinking of any way they could have delayed this at least a few days. I think it's better to come forward and tell the truth in situations like this. If they released him but were silent for several days, the rumors could have been even worse than the announcement that charges weren't being filed. Link to comment
ColoradoHusk Posted June 1, 2020 Share Posted June 1, 2020 9 minutes ago, teachercd said: I guess assuming he was free to go, then yeah, they could have waited. Gardner was released on Sunday evening, and the DA felt like he needed to come out with a response today. The longer Gardner is released and no response from the DA, the worse it is. 1 Link to comment
teachercd Posted June 1, 2020 Share Posted June 1, 2020 Just now, ColoradoHusk said: Gardner was released on Sunday evening, and the DA felt like he needed to come out with a response today. The longer Gardner is released and no response from the DA, the worse it is. Oh yeah, I agree. 1 Link to comment
Decoy73 Posted June 1, 2020 Share Posted June 1, 2020 1 hour ago, QMany said: He didn't say anything about Gardner's "BLM are terrorists" and/or "military firewatch" FB posts Those posts may come back to bite him (Gardner) if there were ever a civil wrongful death suit, correct? 1 Link to comment
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