Gardner has been charged with manslaughter, the use of a firearm in the commission of a crime, attempted first degree attack and terrorist threats, Franklin said.
The indictment is not a sign that Kleine was wrong in his decision, Franklin said. After more than 60 interviews conducted by the Omaha Police Department and evidence from cell phones, video footage and social media, more information was presented to the grand jury than Small Office was at the time, he said.
CNN asked Gardner for a comment.
How shooting developed
Two videos show scenes from the incident. As described by the prosecutor, Gardner̵
Gardner had a gun in his waistband and lifted his shirt to show it during his confrontation with protesters, Kleine said via video.
Two people jumped on Gardner’s back and he fired two warning shots, the prosecutor said. Within a few moments, according to authorities, Scurlock jumped into the fray. According to Kleine, Gardner told police he was put in a stranglehold and asked the attacker to break away from him.
Then Gardner shot Scurlock in the collarbone and killed him.
“He thought he was in danger of losing his life or seriously injuring himself,” said Kleine.
Kleine said that “there is no audio showing racial slurs” and after reviewing the evidence, he doesn’t feel that the owner was “someone who went out of the house and tried to chase someone.”
Wayne, the family attorney, said Scurlock was trying to protect a family member and friend.
“I certainly believe none of this would have happened if the bar owner’s father hadn’t laid hands on a young person beforehand,” he said.
The grand jury wanted to show that the system works
When calling the grand jury in June, Kleine said it was in response to conversations with members of the community.
He admitted that “many others do not have the same confidence in the system as I do”.
“I want to do everything I can to reassure people that the system is working the way it should work,” said Kleine.
However, an attorney for Scurlock’s family said the decision not to prosecute was a rush to the verdict and that the shooter had an expired undercover license.
CNN’s Konstantin Toropin contributed to this report.