Gardner is accused of manslaughter, use of a firearm in committing a crime, attempted first-degree assault and terrorist threats, Franklin said.
The indictment is not a sign that Kleine was wrong in his decision, Franklin said. But after more than 60 interviews conducted by the Omaha Police Department and evidence taken from cell phones, videos and social media, more information was presented to the grand jury than Kleine̵
CNN asked Gardner for comment.
How the shooting developed
Two videos depict scenes from the incident. As described by prosecutors, Gardner’s father asked protesters in front of the Gatsby bar to leave and pushed one. An unidentified man is seen repulsing Gardner’s father, and then Gardner intervenes. Scurlock was not part of the group, said family lawyer Justin Wayne.
Gardner had a pistol in his belt and lifted his shirt to show it during his confrontation with protesters, Klein said in a video.
Two people jumped on Gardner’s back and he fired two warning shots, the district attorney said. In just a few minutes, Scurlock jumped into battle, according to authorities. Gardner told police he was strangled and asked the assailant to get off, according to Klein.
Gardner then shot Scherlock in the collarbone, killing him.
“He thought he was in danger of losing his life or being seriously injured,” Klein said.
Klein said “there is no audio to show racial fraud” and after reviewing the evidence, he did not feel that the owner was “someone who went out and tried to find someone.”
Wayne, the family’s attorney, said Scurlock was trying to protect a family member and friend.
“I certainly believe that none of this would have happened if the bar owner’s father had not laid hands on a young man some time ago,” he said.
A grand jury aimed to show that the system works
When asked for the grand jury in June, Kleine said it was in response to conversations with community members.
He acknowledged that “many others do not have the same faith in the system as I do.”
“I would like to do my best to reassure people that the system is working the way it should,” Klein said.
But a lawyer for Scherlock’s family said the decision not to charge was hasty to convict and the shooter had expired a hidden permit to carry.
CNN’s Konstantin Toropin contributed to this report.