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(WOWT Omaha)   Jake Gardner, the white nationalist bar owner who killed BLM protestor James Scurlock, is indicted for manslaughter   (wowt.com) divider line
    More: News, Jury, Indictment, Omaha, Nebraska, Grand jury, grand jury, Douglas County Attorney, downtown Omaha, Attorney Justin Wayne  
•       •       •

4247 clicks; posted to Main » on 15 Sep 2020 at 11:04 PM (3 days ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



94 Comments     (+0 »)
 
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3 days ago  
Good. By all accounts the dude was a well known racist and went down there looking to kill black folks. And he did.
 
3 days ago  
I must have missed this story.  So much shiat going on.
 
3 days ago  
Manslaughter?  Not murder 1?
 
3 days ago  
 
3 days ago  

Porkbelly: Manslaughter?  Not murder 1?


Harder to get a conviction. Here are the Nebraska codes:

Murder-1
A person commits murder in the first degree if he or she kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any public or private means of transportation, or burglary, or (3) by administering poison or causing the same to be done; or if by willful and corrupt perjury or subornation of the same he or she purposely procures the conviction and execution of any innocent person.
https://nebraskalegislature.gov/laws/​s​tatutes.php?statute=28-303
Murder-2A person commits murder in the second degree if he causes the death of a person intentionally, but without premeditation.https://nebraskalegisla​ture.gov/laws/s​tatutes.php?statute=28-304Manslaught​erA person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.https://nebraskalegislature.gov/l​aws/s​tatutes.php?statute=28-305
 
3 days ago  
WTF Fark editor? I even previewed.
 
3 days ago  
no shiat!
 
3 days ago  
Fark user imageView Full Size
 
3 days ago  
The grand jury received information including evidence from Gardner's Facebook messages and materials found within his home, Franklin said.

Wish TFA would go into a little more detail here.

"For the people who are supportive of James Scurlock, his father stated after he was killed that he did not condone and did not want that type of behavior," he said. To engage in such behavior dishonors those who have died and "plays into the hands of the people against what you are protesting for."

Good for him
 
3 days ago  
Future Trump legacy.
 
3 days ago  

GardenWeasel: WTF Fark editor? I even previewed.


Fark user imageView Full Size
 
3 days ago  
He should not live long enough for his in house Arian brotherhood ink to dry.
.
 
3 days ago  

GardenWeasel: Porkbelly: Manslaughter?  Not murder 1?

Harder to get a conviction. Here are the Nebraska codes:

Murder-1
A person commits murder in the first degree if he or she kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any public or private means of transportation, or burglary, or (3) by administering poison or causing the same to be done; or if by willful and corrupt perjury or subornation of the same he or she purposely procures the conviction and execution of any innocent person.
https://nebraskalegislature.gov/laws/s​tatutes.php?statute=28-303
Murder-2A person commits murder in the second degree if he causes the death of a person intentionally, but without premeditation.https://nebraskalegislat​ure.gov/laws/statutes.php?statute=28-3​04ManslaughterA person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.https://nebraskalegislature.gov/la​ws/statutes.php?statute=28-305


murder 2 seems like it could also apply
 
3 days ago  

Godscrack: [Fark user image image 575x612]


I wish the "silent majority" would shut the fark up for once.
 
3 days ago  

Natalie Portmanteau: Godscrack: [Fark user image image 575x612]

I wish the "silent majority" would shut the fark up for once.


But then they wouldn't be silent now would they?
 
3 days ago  

arrogantbastich: Natalie Portmanteau: Godscrack: [Fark user image image 575x612]

I wish the "silent majority" would shut the fark up for once.

But then they wouldn't be silent now would they?


The truly silent majority barely enters online spaces where politics are discussed, because they'll only experience abuse in spaces that are all overtaken by one "team" or the other
 
3 days ago  

Natalie Portmanteau: Godscrack: [Fark user image image 575x612]

I wish the "silent majority" would shut the fark up for once.


They weren't very silent when Obama was president. They're still crying about it.
 
3 days ago  
1. about time
2. wait what is this even
Fark user imageView Full Size
 
3 days ago  

Porkbelly: Manslaughter?  Not murder 1?


If he was a black guy, he would have been found fallen onto some bullets in a deep hole somehow. fark this guy.
 
3 days ago  

Naido: The grand jury received information including evidence from Gardner's Facebook messages and materials found within his home, Franklin said.

Wish TFA would go into a little more detail here.

"For the people who are supportive of James Scurlock, his father stated after he was killed that he did not condone and did not want that type of behavior," he said. To engage in such behavior dishonors those who have died and "plays into the hands of the people against what you are protesting for."

Good for him


Just read about this on Wikipedia.

Doesn't seem like a conviction is likely given that the shooter was attacked by the victim, based upon the description given.

At any rate, that's for the jury to decide after the facts are presented at trial.
 
3 days ago  

Porkbelly: Manslaughter?  Not murder 1?


If the events are as they say then you don't get murder one for shooting someone that attacks you as there is no premeditation on your part. Probably can't do murder two without malice. At best it's manslaughter, assuming self defense is now an unlawful act.

/If you are ever jumped by someone then do remember to avoid fighting back.
/You might be branded a racist if you do.
 
3 days ago  
We live in a country where a protector can get almost any grand jury to indict a ham sandwich on a variety of felony charges.
 
3 days ago  
May he be convicted and may Rittenhouse follow suit.
 
3 days ago  
*prosecutor, you murblegarble phone.
 
3 days ago  
media.tenor.comView Full Size
 
3 days ago  

way south: Porkbelly: Manslaughter?  Not murder 1?

If the events are as they say then you don't get murder one for shooting someone that attacks you as there is no premeditation on your part. Probably can't do murder two without malice. At best it's manslaughter, assuming self defense is now an unlawful act.

/If you are ever jumped by someone then do remember to avoid fighting back.
/You might be branded a racist if you do.


being the initial aggressor negates any claim of self defense. He (allegedly) brandished the weapon and fired "warning shots" before Scurlock grabbed him.
 
3 days ago  

Natalie Portmanteau: GardenWeasel: Porkbelly: Manslaughter?  Not murder 1?

Harder to get a conviction. Here are the Nebraska codes:

Murder-1
A person commits murder in the first degree if he or she kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any public or private means of transportation, or burglary, or (3) by administering poison or causing the same to be done; or if by willful and corrupt perjury or subornation of the same he or she purposely procures the conviction and execution of any innocent person.
https://nebraskalegislature.gov/laws/s​tatutes.php?statute=28-303
Murder-2A person commits murder in the second degree if he causes the death of a person intentionally, but without premeditation.https://nebraskalegislat​ure.gov/laws/statutes.php?statute=28-3​04ManslaughterA person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.https://nebraskalegislature.gov/la​ws/statutes.php?statute=28-305

murder 2 seems like it could also apply


But manslaughter is gonna be far easier to prove, and from the shiat this kid was saying on social media and what he likely believes in you don't want to give him a decent chance of walking. He needs to be incarcerated for the sake of public safety... and to send a message to everyone else like him.
 
3 days ago  
"The grand jury received information including evidence from Gardner's Facebook messages and materials found within his home"

Bet you a shiny new dime that numbnuts got on Facebook and bragged about killing that guy.
 
3 days ago  
Good. Let them fight it out in a real court with real lawyers, instead of on Fark with GEDs in Law.
 
3 days ago  

gameshowhost: Natalie Portmanteau: GardenWeasel: Porkbelly: Manslaughter?  Not murder 1?

Harder to get a conviction. Here are the Nebraska codes:

Murder-1
A person commits murder in the first degree if he or she kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any public or private means of transportation, or burglary, or (3) by administering poison or causing the same to be done; or if by willful and corrupt perjury or subornation of the same he or she purposely procures the conviction and execution of any innocent person.
https://nebraskalegislature.gov/laws/s​tatutes.php?statute=28-303
Murder-2A person commits murder in the second degree if he causes the death of a person intentionally, but without premeditation.https://nebraskalegislat​ure.gov/laws/statutes.php?statute=28-3​04ManslaughterA person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.https://nebraskalegislature.gov/la​ws/statutes.php?statute=28-305

murder 2 seems like it could also apply

But manslaughter is gonna be far easier to prove, and from the shiat this kid was saying on social media and what he likely believes in you don't want to give him a decent chance of walking. He needs to be incarcerated for the sake of public safety... and to send a message to everyone else like him.


Yeah, fair enough. I wouldn't want to try to convince 12 people that supporting white nationalism proves you want to kill non-whites.
 
3 days ago  

dartben: way south: Porkbelly: Manslaughter?  Not murder 1?

If the events are as they say then you don't get murder one for shooting someone that attacks you as there is no premeditation on your part. Probably can't do murder two without malice. At best it's manslaughter, assuming self defense is now an unlawful act.

/If you are ever jumped by someone then do remember to avoid fighting back.
/You might be branded a racist if you do.

being the initial aggressor negates any claim of self defense. He (allegedly) brandished the weapon and fired "warning shots" before Scurlock grabbed him.


Yes, Gardner fired those shots because he was being threatened by other people.  They ran away after the warning shots, and then Scurlock jumped on Gardner.  Gardner couldn't escape, and yelled for Scurlock to get off him, to no effect.  Scurlock was the initial aggressor in that fight.
 
3 days ago  

dartben: way south: Porkbelly: Manslaughter?  Not murder 1?

If the events are as they say then you don't get murder one for shooting someone that attacks you as there is no premeditation on your part. Probably can't do murder two without malice. At best it's manslaughter, assuming self defense is now an unlawful act.

/If you are ever jumped by someone then do remember to avoid fighting back.
/You might be branded a racist if you do.

being the initial aggressor negates any claim of self defense. He (allegedly) brandished the weapon and fired "warning shots" before Scurlock grabbed him.


He did so on the advice of joe Biden.

The More You Joe: Home Protection
Youtube uqcmh19x1No


/if I give you a clear sign to leave me the fark alone and you attack me, what happens next is on you.
/just because someone has a gun doesn't mean you can assault them.
/far more logical, wiser, and legaler to walk away, as the others did.
 
3 days ago  

Natalie Portmanteau: gameshowhost: Natalie Portmanteau: GardenWeasel: Porkbelly: Manslaughter?  Not murder 1?

Harder to get a conviction. Here are the Nebraska codes:

Murder-1
A person commits murder in the first degree if he or she kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any public or private means of transportation, or burglary, or (3) by administering poison or causing the same to be done; or if by willful and corrupt perjury or subornation of the same he or she purposely procures the conviction and execution of any innocent person.
https://nebraskalegislature.gov/laws/s​tatutes.php?statute=28-303
Murder-2A person commits murder in the second degree if he causes the death of a person intentionally, but without premeditation.https://nebraskalegislat​ure.gov/laws/statutes.php?statute=28-3​04ManslaughterA person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.https://nebraskalegislature.gov/la​ws/statutes.php?statute=28-305

murder 2 seems like it could also apply

But manslaughter is gonna be far easier to prove, and from the shiat this kid was saying on social media and what he likely believes in you don't want to give him a decent chance of walking. He needs to be incarcerated for the sake of public safety... and to send a message to everyone else like him.

Yeah, fair enough. I wouldn't want to try to convince 12 people that supporting white nationalism proves you want to kill non-whites.


Especially considering it's Nebraska.
 
3 days ago  

Dork Gently: We live in a country where a protector can get almost any grand jury to indict a ham sandwich on a variety of felony charges.


I've served.  Grand jurors get one side:  the side that wants an indictment
 
3 days ago  
I love these threads. We gunsplained that all the facts need to come out before reaching a conclusion then gunsplained that white might makes right.
 
3 days ago  

Godscrack: Natalie Portmanteau: Godscrack: [Fark user image image 575x612]

I wish the "silent majority" would shut the fark up for once.

They weren't very silent when Obama was president. They're still crying about it.


Of course they are.  He and his magical time machine started the Iraq war, created the 2008 financial crisis, and invented Covid-19.  A total villian.
 
3 days ago  
"Family and friends believe Gardner was trying to get the gun away from the bar owner."


Sure they do.
 
3 days ago  

way south: dartben: way south: Porkbelly: Manslaughter?  Not murder 1?

If the events are as they say then you don't get murder one for shooting someone that attacks you as there is no premeditation on your part. Probably can't do murder two without malice. At best it's manslaughter, assuming self defense is now an unlawful act.

/If you are ever jumped by someone then do remember to avoid fighting back.
/You might be branded a racist if you do.

being the initial aggressor negates any claim of self defense. He (allegedly) brandished the weapon and fired "warning shots" before Scurlock grabbed him.

He did so on the advice of joe Biden.

[Youtube-video https://www.youtube.com/embed/uqcmh19x​1No]

/if I give you a clear sign to leave me the fark alone and you attack me, what happens next is on you.
/just because someone has a gun doesn't mean you can assault them.
/far more logical, wiser, and legaler to walk away, as the others did.


Depends.
Here in VA there is a 'escalation of force' clause. Basically it states that even if I am acting defensively I can only escalate to a point depending on the situation.
If you come up and punch me say, I can not under the law pull my S&W and shoot you in the face. Doing so would in fact make me the aggressor since I took a assault and battery and escalated to deadly force with no true proof of you attempting to kill me or others.

As always check your local state laws (outside of NYC I am unaware of any locality which can superseded state firearm statues).
 
3 days ago  

Naido: The grand jury received information including evidence from Gardner's Facebook messages and materials found within his home, Franklin said.

Wish TFA would go into a little more detail here.


That will come out at trial.

Naido: "For the people who are supportive of James Scurlock, his father stated after he was killed that he did not condone and did not want that type of behavior," he said. To engage in such behavior dishonors those who have died and "plays into the hands of the people against what you are protesting for."

Good for him


But nothing to say about the death, huh?
 
3 days ago  

Dork Gently: dartben: way south: Porkbelly: Manslaughter?  Not murder 1?

If the events are as they say then you don't get murder one for shooting someone that attacks you as there is no premeditation on your part. Probably can't do murder two without malice. At best it's manslaughter, assuming self defense is now an unlawful act.

/If you are ever jumped by someone then do remember to avoid fighting back.
/You might be branded a racist if you do.

being the initial aggressor negates any claim of self defense. He (allegedly) brandished the weapon and fired "warning shots" before Scurlock grabbed him.

Yes, Gardner fired those shots because he was being threatened by other people.  They ran away after the warning shots, and then Scurlock jumped on Gardner.  Gardner couldn't escape, and yelled for Scurlock to get off him, to no effect.  Scurlock was the initial aggressor in that fight.


When you are brandishing a gun, and shoot warning shots, people around you can reasonably believe you are a threat to their safety and they may feel they need to disarm you. What about the self-defense from a man discharging a firearm, threatening the lives of others?
 
3 days ago  
"The minute-long confrontation outside the The Gatsby bar was caught on video. It showed Gardner, an ex-Marine, and his 68-year-old father standing outside the bar as a night of protests devolved into vandalism.

The father walked down the street to confront Scurlock and several other people, shoved one of them, and then got pushed back about 10 feet.

Jake Gardner then confronted the group and showed that he was carrying a gun."

First aggressors were Gardner and his dad. They weren't defending their business. They sought confrontation.
https://www.thedailybeast.com/omaha-b​a​r-owner-jake-gardner-charged-in-death-​of-james-scurlock-amid-protests
 
3 days ago  

Ragin' Asian: Porkbelly: Manslaughter?  Not murder 1?

If he was a black guy, he would have been found fallen onto some bullets in a deep hole somehow. fark this guy.


You don't have to say "if" he was a black guy. The president already has made that clear when he "sent the US Marshals to murder a man who was against the president. Let that sink in. Reinoehl was murdered, he claimed his actions were in the defense of another's life. While Jake Gardner will stand trial. as he should.

/ Lines have been drawn for a while , and now it is being highlighted w/ chalk outlines.
// in the president's eyes the victim being black is just a bonus. what a farking twisted world we live in.
 
3 days ago  

RedComrade: way south: dartben: way south: Porkbelly: Manslaughter?  Not murder 1?

If the events are as they say then you don't get murder one for shooting someone that attacks you as there is no premeditation on your part. Probably can't do murder two without malice. At best it's manslaughter, assuming self defense is now an unlawful act.

/If you are ever jumped by someone then do remember to avoid fighting back.
/You might be branded a racist if you do.

being the initial aggressor negates any claim of self defense. He (allegedly) brandished the weapon and fired "warning shots" before Scurlock grabbed him.

He did so on the advice of joe Biden.

[Youtube-video https://www.youtube.com/embed/uqcmh19x​1No]

/if I give you a clear sign to leave me the fark alone and you attack me, what happens next is on you.
/just because someone has a gun doesn't mean you can assault them.
/far more logical, wiser, and legaler to walk away, as the others did.

Depends.
Here in VA there is a 'escalation of force' clause. Basically it states that even if I am acting defensively I can only escalate to a point depending on the situation.
If you come up and punch me say, I can not under the law pull my S&W and shoot you in the face. Doing so would in fact make me the aggressor since I took a assault and battery and escalated to deadly force with no true proof of you attempting to kill me or others.

As always check your local state laws (outside of NYC I am unaware of any locality which can superseded state firearm statues).


So how many punches to the face do you have to take before it becomes life threatening?
I understand laws aren't always logical, but two people grappling each other with a gun involved seems like it can only have a life threatening outcome.
 
3 days ago  

GardenWeasel: Porkbelly: Manslaughter?  Not murder 1?

Harder to get a conviction. Here are the Nebraska codes:

Murder-1
A person commits murder in the first degree if he or she kills another person (1) purposely and with deliberate and premeditated malice, or (2) in the perpetration of or attempt to perpetrate any sexual assault in the first degree, arson, robbery, kidnapping, hijacking of any public or private means of transportation, or burglary, or (3) by administering poison or causing the same to be done; or if by willful and corrupt perjury or subornation of the same he or she purposely procures the conviction and execution of any innocent person.
https://nebraskalegislature.gov/laws/s​tatutes.php?statute=28-303
Murder-2A person commits murder in the second degree if he causes the death of a person intentionally, but without premeditation.https://nebraskalegislat​ure.gov/laws/statutes.php?statute=28-3​04ManslaughterA person commits manslaughter if he or she kills another without malice upon a sudden quarrel or causes the death of another unintentionally while in the commission of an unlawful act.https://nebraskalegislature.gov/la​ws/statutes.php?statute=28-305


Poisoning is automatic murder-1? What if I don't know it's poisonous? Also and completely unrelatedly, I'm going to have a space available in my lab next week is anyone wants to collaborate on...projects.
 
3 days ago  
You Trumpers are farking pathedic.

You'll defend any garbage that floats your way if it's part of the agenda you deem worthy.

Engaging in conversation with them is nearly identical to arguing with a teenager. Their never wrong and will use any talking out of neck strategy required.

This shiat isn't sports. You really don't need to be so dense.

Grow the fark up. Stop acting like children. That phase of life was supposed to be exactly that, a phase. Your 15 year old behavior was not meant to be internalized and committed to for life.

Arrested Development isn't just a TV show.
 
3 days ago  

thorpe: "The minute-long confrontation outside the The Gatsby bar was caught on video. It showed Gardner, an ex-Marine, and his 68-year-old father standing outside the bar as a night of protests devolved into vandalism.

The father walked down the street to confront Scurlock and several other people, shoved one of them, and then got pushed back about 10 feet.

Jake Gardner then confronted the group and showed that he was carrying a gun."

First aggressors were Gardner and his dad. They weren't defending their business. They sought confrontation.
https://www.thedailybeast.com/omaha-ba​r-owner-jake-gardner-charged-in-death-​of-james-scurlock-amid-protests


Omaha guy here. Gardner and his Father had every right to be there and defend their business.  Gardner was not the first aggressor.  His dad was engaging in aggressive activity with people like Spurlock who were actively damaging businesses. The fact that Spurlock was vandalizing does not lessen any charges against Gardner. Most local experts that have seen all of the evidence say the shooting was self-defense.  The main point appears to be whether there was negligence in the actions by Gardner in shooting warning shots in the air and having a gun there at that point in time. Whether Gardner is a nationalist is not at issue here, as a manslaughter in not a crime of intent, such as murder.

This is the most evenhanded assessment that I am capable of, and as a white guy, I feel that bringing a gun to a BLM rally is incredibly stupid and negligent, which may explain the manslaughter charge.
 
3 days ago  

thorpe: Naido: The grand jury received information including evidence from Gardner's Facebook messages and materials found within his home, Franklin said.

Wish TFA would go into a little more detail here.

That will come out at trial.

Naido: "For the people who are supportive of James Scurlock, his father stated after he was killed that he did not condone and did not want that type of behavior," he said. To engage in such behavior dishonors those who have died and "plays into the hands of the people against what you are protesting for."

Good for him

But nothing to say about the death, huh?


There have been a lot of threads about this.  Yes, those guys are assholes.  I was saying that I wish TFA had gone into more detail about what assholes those guys are.  It's relevant, to say the least.  At the same time, I think it was big of the father to admit that his son should also have behaved differently.  That's got to be hard to do in a situation like his.

I believe both of these things at the exact same time.  I'm sure it's quite confusing.
 
3 days ago  

way south: Porkbelly: Manslaughter?  Not murder 1?

If the events are as they say then you don't get murder one for shooting someone that attacks you as there is no premeditation on your part. Probably can't do murder two without malice. At best it's manslaughter, assuming self defense is now an unlawful act.

/If you are ever jumped by someone then do remember to avoid fighting back.
/You might be branded a racist if you do.


Again, the problem here is the warning shot. This is something time and time again people suggest that the potential armed victims should do but it is always used against them to show that they are not fearing for their lives and therefore are the aggressors. It is pretty messed up but shooting and killing your assailant or would-be attacker is your best and only option. Not wounding, not incapacitating, not detaining but killing. That sucks.
 
3 days ago  

Alphax: I must have missed this story.  So much shiat going on.


Yeah... I have no idea who these people are
 
3 days ago  
Fark user imageView Full Size


the bootlicking, trump felating, fail patrol is strong in this thread
 
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