Jake Gardner buried at Arlington National Cemetery this week

The family of Jake Gardner on Thursday released photos of his burial with full military honors last week at Arlington National Cemetery.

July 16, 2021Updated: September 25, 2021
News Channel NebraskaBy News Channel Nebraska

OMAHA, Neb. -- The family of Jake Gardner on Thursday released photos of his burial with full military honors last week at Arlington National Cemetery.

Gardner served in the Marines. He died by suicide last fall after he had been indicted by a grand jury for shooting and killing James Scurlock during a protest in the Old Market last summer.

Gardner's family also released a three-page obituary asking for Gov. Pete Ricketts to intervene and request that the grand jury transcripts be unsealed.

Prosecutor Don Kleine had initially refused to press charges after last May's shooting.

The Scurlock family's attorney and Nebraska State Senator, Justin Wayne, asked Kleine to send the case to a  grand jury. Wayne said Gardner should face other charges, such as manslaughter, a concealed carry permit violation, or for firing gunshots within Omaha city limits. Gardner had once held an active Nebraska Concealed Handgun Permit, but it had expired by the time of the shooting.

Gardner was ultimately indicted by the grand jury on manslaughter, attempted first-degree assault, making terroristic threats and use of a weapon to commit a felony. If convicted, Gardner could have faced a maximum of 95 years imprisonment. His reported deadline date to turn himself in was September 20, the same day he died.

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