With official confirmation of Jake Gardner’s death by suicide, the criminal legal saga following the shooting death of James Scurlock has concluded.

Judge James Gleason dismissed the case Tuesday after a motion was filed by special prosecutor Frederick Franklin upon the receipt of Gardner’s Oregon death certificate.

That’s not the end of the back-and-forth over the case, nor the discussion of how the case was handled by prosecutors.

Franklin released a detailed statement about the evidence he and his team reviewed – not a report made by the grand jury. The statement also responded to the allegation he had an “agenda” to pursue an outcome “based on an allegiance to a political party or racial affiliation.”

He called the allegation “both tragic and insulting,” and he also lamented the unfortunate circumstances resulting in the subsequent investigation and grand jury proceedings.

“This entire sad episode is ragic and something that did not need to happen or lead to a loss of life,” he said. “Regrettably, we live in a time where resolution of conflict by resort to the use of firearms towards fellow citizens is not only accepted but encouraged. For my part, I find it a disheartening departure from a desire to live in a civilized society.”

Franklin took aim at the self-defense claim made by Gardner, saying the terroristic threat charge he faced stemmed from conduct that occurred prior to Gardner being jumped on and prior to any shots being fired.

“I am not suggesting that there was no defense that could have been asserted,” Franklin said. “am strongly suggesting however, and solely for the sake of discussion, that to the extent that Gardner was justified in asserting self-defense in relation to his having been jumped, that justification would not have retrospectively applied to his earlier terroristic threats conduct.”

Franklin also said Gardner’s claim to Omaha police that he was in a chokehold and feared for his life are dubious. He said arguments can be made that Scurlock was acting defensively, attempting to keep Gardner from discharging his weapon again, and that Gardner’s voice is heard “loud and clear” on cellphone video.

“He repeatedly and loudly yells at Scurlock to get off of him, something generally not able to be accomplished while being choked,” Franklin said.

The May 30 protest during which Scurlock was shot took place in response to the death of George Floyd in police custody in Minneapolis. Floyd died after a police officer knelt on his neck for several minutes.

Find Franklin’s statement, the motion to dismiss and the death certificate at omahadailyrecord.com.