OMAHA- Seven months after the shooting of James Scurlock by Omaha native Jake Gardner, it is now apparent that no one will be prosecuted for acts that were caught on camera that night. After Jake Gardener took his life in September, the grand jury's work on the case stopped and therefore there have been no new reports or requests to review any one else's actions from that night.

Nebraska law does not stop prosecutors from pursuing their own cases after the grand jury declines to charge. Before Gardner passed, the grand jury charged him with manslaughter, terroristic threats, attempted first-degree assault and weapon use. Questions still remain about whether David Gardner, Jake's father who had originally been charged with misdemeanor assault for twice shoving a young man who was filming the deadly altercation. Another man Tucker Randall would have been charged with the break-in and vandalism of an Old Market company and for assaulting David Gardner.

The other actions of the night were all misdemeanors and Matt Kuhse, Omaha City Prosecutor said he is aware of the other videos in the case. However, he has not presented any evidence to the Omaha police. He says the case is now in the hands of the special prosecutor, Fred Franklin. The only way that the Gardner-Scurlook case will see a courtroom is if State Sen. Wayne, the attorney representing the Scurlock family, files a civil suit over Scurlock's death.

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