Douglas County Attorney Don Kleine

Douglas County Attorney Don Kleine talks Monday, June 1, 2020, in Omaha, Neb., about the video playing on several monitors that shows the fatal shooting of James Scurlock on Saturday. Kleine said that Jake Gardner, who owns two bars near where the shooting happened, fired the fatal shot during a scuffle with protesters outside one of his bars. Kleine said the bar owner said he feared for his life before the shooting.

OMAHA, Neb. (AP) — Omaha's police chief says a downtown business owner who is not expected to face felony charges in the fatal shooting of an unarmed 22-year-old protester over the weekend could still face misdemeanor gun charges.

Omaha Police Chief Todd Schmaderer acknowledged that possibility Monday after the county's top prosecutor announced that business owner Jake Gardner would not be charged with a felony in the early Saturday morning shooting of James Scurlock.

The shooting happened outside Gardner’s bar, The Hive, as Gardner scuffled with protesters.

Douglas County Attorney Don Kleine said he believed Gardner feared for his life when he shot Scurlock. Investigators have said Gardner's concealed carry permit for the gun had expired at the time of the shooting.

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