< Back to the Main Site

Author Topic: County Attorney does not file charges in 12th & Harney St. Self defense shooting  (Read 3408 times)

Offline Atrus

  • NFOA Full Member
  • **
  • Join Date: Feb 2016
  • Posts: 50

Offline m morton

  • NFOA Full Member
  • **
  • Join Date: Oct 2015
  • Location: Omaha
  • Posts: 463
My recollection from the legal class I took from Gary Young on self defense would indicate that going out onto the sidewalk to confront someone would be very legally questionable (like going out on your front lawn to meet someone rather than them coming into your house). Maybe the law is more flexible or maybe this guy got really lucky with the DA.

i was respond to the quote above my post about "Quote from: Phantom on June 02, 2020, 05:12:12 PM

    I notice no one has yet pointed out regardless of any thing else right or wrong ….. He was still carrying a firearm in a Bar."

i would all so recommend watching the videos posted .. this WHOLE incident happened out side and caught on video , some even has sound .
https://www.ketv.com/article/officials-announce-no-charges-to-be-filed-at-this-time-in-the-death-of-22-year-old-james-scurlock/32733160
I will allow myself one personal observation. If you want to disarm yourself, that is your choice. The following quote is a favorite of mine and something to keep in mind when you make that choice.

“Sheep don’t tell wolves what’s for dinner.”

Offline hilowe

  • NFOA Full Member
  • **
  • Join Date: Nov 2015
  • Posts: 163
My recollection from the legal class I took from Gary Young on self defense would indicate that going out onto the sidewalk to confront someone would be very legally questionable (like going out on your front lawn to meet someone rather than them coming into your house). Maybe the law is more flexible or maybe this guy got really lucky with the DA.

The way I understood the law (please note, I'm not a lawyer, this is only my understanding), you can see the bar owner (I keep forgetting his name) clearly backing up on the sidewalk, away from the group. Whatever had happened before that is pretty irrelevant, because he's actively trying to disengage from the situation, and 2 or 3 others (I saw 2 initially, with Scurlock jumping in afterwards, take your pick on exact numbers) coming down the street at him in a pretty aggressive manner. The way it was explained to me is that, per the law, that initial confrontation is now ended and a new one is starting. Then the bar owner is jumped by 2 people (disparity of force), so he pulls his weapon and fires it. Those 2 people then take off, which ends the now second confrontation, and Scurlock jumps on the bar owner, which starts the third and final confrontation.

I definitely may not be 100% on it, but that was how I remember it situations like this being explained to me once upon a time.

Offline m morton

  • NFOA Full Member
  • **
  • Join Date: Oct 2015
  • Location: Omaha
  • Posts: 463
Then Gun-hater Kara Eastman opened her mouth and showed her ignorance.
Fanning the flames in my opinion!

https://www.nrcc.org/2020/06/02/eastman-defends-spreading-false-information-during-riot/

i think the US needs to implement a new Law . that states that any person wanting to run for a Public office in this Country needs to pass a , Common sense and I.Q tests .. because wow.. this one is a Dip **** ! 

 is it just me? but that clinched teeth Bull**** fake smile of hers make you want to vote for her ?? lol Not ..   
I will allow myself one personal observation. If you want to disarm yourself, that is your choice. The following quote is a favorite of mine and something to keep in mind when you make that choice.

“Sheep don’t tell wolves what’s for dinner.”

Offline mustang5o

  • NFOA Full Member
  • **
  • Join Date: Feb 2010
  • Posts: 95
« Last Edit: June 04, 2020, 12:47:45 PM by mustang5o »

Offline mustang5o

  • NFOA Full Member
  • **
  • Join Date: Feb 2010
  • Posts: 95

Forum acting weird and didn't post my comments with the video link.

I definitely may not be 100% on it, but that was how I remember it situations like this being explained to me once upon a time.

I don't recall ever learning it that way but the fact is he was trying to deescalate.  He was walking backwards saying "just get out of here" or something like that.  Then yeah, two people initially jumped him and then ran when he fired.  Then Scurlock jumped on his back.  I believe he even said to get off him a couple of times before firing but they didn't show the video that has that audio.  DK just mentioned it.  Go back and watch it and look at all of the Facebook live comments.  People saying James Scurlock was trying to get the gun away from him or was trying to help.  What would James have done had he take the gun away?  We don't know.


Offline Kendahl

  • Lead Benefactor
  • **
  • Join Date: Jul 2011
  • Posts: 390
There are no sympathetic victims in this mess. Everyone involved made his own contribution, mostly illegal. As a result, whether it was self defense, voluntary manslaughter or murder depends on who did what in the last few seconds before the fatal shot. It's possible for a bad guy, whose previous behavior was provocative, to regain his innocence at the last instant. Andrew Branca goes into this in his book, The Law of Self Defense.

Suppose A walks up to B, shoots him dead, then turns and runs. A is guilty of murder. Suppose one of B's friends goes after A with the apparent intent to shoot him. At this point, A has become the innocent victim of an aggravated assault by the friend. The reason is that the murder of B is over and done with. Shooting A can't save B's life. The purpose of defense is to prevent imminent unlawful harm, not to avenge or punish previous unlawful harm even if it occurred mere seconds ago. If A had continued by trying to shoot C, it would be defense to shoot A in order to save C. To get back to B's friend, it would be self defense for A to shoot him. This may seem convoluted but it makes sense if one thinks of self defense as force used to prevent imminent unlawful harm. The three critical words are "prevent", "imminent" and "unlawful". Unless all three are satisfied, it's not defense.

In my opinion, The Law of Self Defense is essential reading for anyone who would use any kind of defensive force. Gary Young and Chris Zeeb do a good job in the classes they teach but Branca goes far deeper. He has managed to organize statutes and case law governing self defense in a logical way that enables his graduates to avoid breaking the law in the course of defending themselves.

Offline greg58

  • Lead Benefactor
  • **
  • Join Date: Apr 2009
  • Location: Valley NE
  • Posts: 2803
https://www.ketv.com/article/family-of-james-scurlock-and-their-attorney-say-theyll-do-their-own-investigation/34149623

Scurlock Father wants new self defense laws, does not believe Jake Gardiner has committed suicide, feels the County Attorney should not have mentioned his sons actions before the shooting or his criminal history.
Don Kleine has been the voice of reason and truth in this whole sad affair, his comments about the Special Prosecutor and his Grand Jury indictments are spot on in my opinion.
Greg
Pants Up!  Don't Loot!