Douglas County Attorney Don Kleine said Wednesday he will petition a grand jury to look at evidence in the James Scurlock case.

Scurlock, an unarmed 22-year-old black man and protester, was shot and killed by Omaha bar owner Jake Gardner, early Saturday morning.

Kleine said he believed Gardner, who is white, feared for his life when he shot Scurlock, who jumped on top of Gardner after the bar owner had already fired two shots.

Scurlock and others could be seen speaking with the business owner in front of The Hive Saturday night after one of the members of the group had shoved the man’s father to the ground.

The man, who Kleine initially did not name but later confirmed was Jake Gardner, is seen backing away from the group and Scurlock, asking them to leave him alone and not to damage his business. Gardner lifted his shirt to display a handgun in his waistband.

The group attacked Gardner and they fell into a puddle on the street in front of the bar. Gardner grabbed his gun and fired two shots, which caused one member to run away from Gardner.

Scurlock was seen tackling Gardner from behind while Gardner was trying to stand. Gardner later told police Scurlock had him in a chokehold and witnesses said they heard Gardner say “Get off me” several times.

Gardner fired one shot which struck Scurlock in the collarbone. He died after being taken to Nebraska Medical Center.

“The bar owner was interviewed with lawyers present. He said the first shot was a warning shot. He said Scurlock jumped on him and he was scared Scurlock was going to take his gun. He fired in self-defense. He was scared he would lose his life or severe bodily injury,” Kleine said.

Gardner was in police custody from Saturday night to Sunday night at Omaha Police Headquarters.

“He has shown he has a gun. He made it clear he was armed. He said when someone was on top of him that they said they were going to kill him,” Kleine said.