(WOWT/CNN/Meredith) -- A business owner in Nebraska won't face charges for shooting and killing a man over the weekend. The business owner said he was defending himself during a physical altercation with the man he shot.

The shooting occurred Saturday during unrest and protests in Omaha. Part of the incident was caught on camera.

Old Market Bar owner Jake Gardner shot and killed 22-year-old James Scurlock during a 20-second scuffle on the ground.

Douglas County Attorney Don Kleine said he's looked at all the evidence available and determined the shooting was self-defense.

After three days of protests, two of which were violent, Kleine said he knew the decision would be unpopular.

"It can’t be based on emotions, it can't be based on anger, it can't be based on any of those things, but I hope this great community we live in would be able get through this,” Kleine said.

The video shows bar owner Gardner’s 68-year-old father violently shoved to the ground by one of the protesters. Gardner tries to figure out who did it. Shortly after, two people jump on Gardner’s back.

There's a struggle in the street, and Gardner fires two shots. Eleven seconds later, Scurlock jumps on the back of Gardner and they wrestle in the street.

“[Gardner] said the initial shots by his version of events -- again this is his version -- were warning shots to get somebody off of his back, that another individual jumped on him, attacked him, that he was doing a choke hold on him, that he begged and pleaded for him to get off. He thought the guy was trying to get his gun and was in danger of losing his life or some serious bodily injury, so he fired that shot in self-defense,” Kleine said.

An attorney representing Scurlock’s family expressed disappointment with the decision not to file charges. The attorney is asking for a grand jury to be formed.

Authorities released Gardner from custody late Sunday night. He could still face misdemeanor charges, including having an expired concealed carry permit for his firearm.

Copyright 2020 Meredith Corporation. All rights reserved.

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(2) comments

Mr pickles

Live by the sword, die by the sword. No remorse here.

commentor

The punk got what he deserved.

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