On May 30, 2020 James Scurlock, an unarmed 22-year-old Black man, was murdered in Omaha, Nebraska while protesting police brutality. His killer, Jake Gardner, was a local business-owner who has a long and well-documented history of espousing racist views and enacting discriminatory policies at his bars. Even though police had urged business owners in the area to refrain from engaging with protesters, Gardner was camped out at his bar, The Hive, that night performing what he referred to in a Facebook post earlier that day as a "military style fire watch." In video of the incident that has circulated, Gardner had confronted unarmed protesters, pulled out a concealed firearm for which he did not have a current permit to lawfully carry, and fired several shots when Scurlock tackled him in what appeared to be an attempt to disarm Gardner and prevent anyone from being harmed. In the midst of the struggle, Gardner shot Scurlock in the clavicle, killing him. 

Douglas County Attorney, Don Klein, announced this afternoon that no charges would be filed against Gardner in Scurlock's death. This decision is irresponsible and is not is it an appropriate use of prosecutorial discretion. Gardner should be charged and tried by a jury of his peers. This type of double-standard within the criminal justice system, where white people are allowed to take black lives with impunity and people of color are over-policed and constantly criminalized, is unacceptable and needs to end. We demand Kleine's immediate resignation.