Gardner was charged with genocide, use of a weapon in a criminal commission, first-degree assault and terrorist threats, Friendly said.
The indictment is not a sign that Klein was wrong in his decision, Franklin said. But after more than 60 interviews conducted by the Omaha Police Department and evidence gathered from cell phones, video footage and social media, the grand jury was given more information at the time in Klein’s office fees, he said.
CNN has reached out to Gardner for comment.
How the shooting turned out
Scenes from the incident are shown in two videos. As described by the plaintiff, Gardner’s father told protesters outside the Gatsby bar to get out of there and pushed. A stranger can be seen pushing Gardner’s father back, and then Gardner intervenes. Family attorney Justin Wayne said Scarlock was not part of that group.
Gardner wore a handgun around his waist and took off his shirt to show off during confrontations with opponents, Klein said in a video.
Two people jumped on Gardner’s back, and he hit two warning shots, the county attorney said. Within moments, Scarlock jumped into the field, officials said. Gardner told police he was placed in a chokehold and requested the assailant to get rid of him, according to Klein.
Gardner then shot Scarlock in the clavicle.
“He thought he was in danger of losing his life or seriously injuring his body.”
“We don’t have any audio that shows any racial barriers,” Klein said, and after reviewing the evidence, he doesn’t think the owner is “someone who got out and was trying to find someone.”
Family attorney Wayne said Scarlock is trying to save a family member and friend.
“None of this would have happened if the bar owner’s father hadn’t laid hands on a young man ahead of time.”
The grand jury was meant to show the operation of the system
When he requested a grand jury in June, Klein said he responded in conversations with members of the community.
He admitted that “like many others I don’t believe in the system.”
“I want to do everything I can to reassure people that the system works the way it works,” Klein said.
But a lawyer for Scarlock’s family said the decision not to bring charges was hasty on the verdict and the shooter’s deadline was a hidden carry permit.
Konstantin Tropin of CNN contributed to this report.
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