An Omaha bar owner won't face charges for fatally shooting a 22-year-old black protester, but has been evicted from the downtown property where he operated two businesses

• An Omaha bar owner has been evicted from the building where he operated two nightlife spots after he shot and killed 22-year-old James Scurlock.
• The actions of 38-year-old Jacob Gardner on Saturday triggered threats against the building owners, they told the Omaha World-Herald.
• Douglas County Attorney Don Kleine, however, said that Gardner will not be charged in the shooting because he acted in self-defense.
• "Even if they are mistaken, if their beliefs have a reasonable basis, it's justifiable for them to use deadly force ... that's what the law is," Kleine said.
• Attorney Justin Wayne, who represents the Scurlock family, told local outlets that the case should go to a grand jury.

An Omaha bar owner shot and killed a 22-year-old black man during George Floyd and Black Lives Matter protests in Nebraska on Saturday night.

Although county prosecutors said that Jacob Gardner acted in self-defense and will not face charges, the 38-year-old has been evicted from the downtown Omaha property where he operated two bars, the Omaha World-Herald reported.

The property owners told the newspaper that they have faced threats since James Scurlock died and decided that Gardner will not be allowed to operate The Hive or The Gatsby, which operated adjacent to one another in a building near the city's popular Old Market neighborhood.

The owners said Gardner was late on payments and faced "other issues" in their dealings with him, they told the World-Herald, but declined to divulge details.

Douglas County Attorney Don Kleine said in a press conference on Monday that video footage of the shooting shows a scuffle between Gardner's father and young people in the area, according to KETV.

Garnder's father is seen in the video shoving a protester before being pushed to the ground.

In response, Gardner asked, "Who did that? Who pushed my dad?"

Someone in the crowd said Gardner had "a gun on him," prompting a group to surround and tackle the bar owner, who reacted by firing two warning shots, Kleine said, per KETV.

Scurlock can then be seen jumping on Gardner, who Kleine said repeatedly asked, "Get off me, get off me, please get off me," before firing the gun he was carrying, striking the young man.

"You can't use deadly force to protect property," said Kleine, who reviewed footage of the incident with other law enforcement officials. "Deadly force can only be used if someone is in fear of their own life or serious bodily injury and they don't feel like they can retreat safely. Even if they are mistaken, if their beliefs have a reasonable basis, it's justifiable for them to use deadly force ... that's what the law is."

Gardner believed that Scurlock was trying to reach for his weapon, Kleine said, who admitted to being afraid that someone would be hurt by way of the burgeoning protests, KETV reported.

"I prayed nothing bad would happen," he said at the press conference. "Always a fear, I was hoping and praying to God no one pull a gun out and do something, and it happened. It saddens me to no end to see our community go through this kind of thing."

Despite deeming Scurlock's killing a "senseless death," Kleine disagreed with people in the community who responded with "emotions" and "anger," calling it "a cold-blooded murder," KETV reported.

"We know that emotions are running very high," Kleine said. "This decision may not be popular and may cause more people to be upset. I would hope that they understand that we're doing our job to the best of our ability and looking at the evidence and the law. And that's all we can do."

Attorney Justin Wayne, who represents the Scurlock family, told Omaha's WOWT that the case should go to a grand jury.

"In this community, we prosecute black and brown individuals a lot more for the things we just watched," Wayne said.

"What I want is justice, not a quick answer," Scurlock's father, James Scurlock II, told the outlet.

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• The Justice Department reportedly granted DEA temporary power to conduct 'covert surveillance' on demonstrators at the George Floyd protests
• 'My face exploded': Police firing rubber bullets have wounded and permanently disabled protesters and journalists chronicling history
• Thousands across the UK, Germany, Italy, New Zealand, and Canada condemn racism and demand justice at global Black Lives Matter protests