“Jack Gardner’s family has asked Tom Monagan and myself to share the news of his death with his own hands today.”
Gardner was arrested Wednesday in Douglas County, Nebraska, on charges of using a weapon in a homicide commission, first-degree assault and attempted terrorist threat.
Video of the incident showed pressure on a protester after Gardner’s father asked him to leave the area around Gatsby Bar. According to Douglas County Attorney Don Klein, a stranger pushed Gardner’s father back and Gardner intervened, pointing a handgun.
Two protesters then jumped on Gardner’s back and he hit two warning shots. Scarlock, who was not part of the initial confrontation, then entered the venue, Klein said.
Gardner said he was placed in the headlock and, according to Klein, requested the elephant to let go before shooting Scarlock.
Klein initially denied bringing charges against Gardner, saying he acted in self-defense and did not believe he was “someone who got out and was trying to hunt down someone.”
But just a few days later, Klein asked for a grand jury to review his decision.
Doran described Gardner as a decorative pte who served two trips to Iraq and suffered two strokes. The attorney said his client cooperated with officers on the night of the shooting.
“He told us he felt like he was on the same battlefield outside his bar with violence, tear gas and mass confusion that night.”
Dornen said “Mr. Gardner was in great danger” after the shooting, so he left town. He was due to return to Nebraska on Sunday night to face charges.
Doran said Gardner was shocked by the accusation and called the shooting a “clear case of self-defense.”
CNN’s Kevin Flower, Christine Saver and Maddell Holn Holkobe contributed to this report.
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