A special prosecutor has been appointed to conduct an independent investigation into the death of James Scurlock, who was shot outside an Old Market bar amid protesting on May 30.

Frederick D. Franklin, an assistant U.S. attorney in the United States Attorney’s Office in Omaha, was appointed Monday by Douglas County District Judge Shelly R. Stratman. Franklin is a past president of the Midlands Bar Association, which exists to encourage collegiality among Nebraska’s African-American attorneys. He is a 1986 graduate of the Creighton University School of Law.

Scurlock's family issued a statement through an attorney thanking Stratman for selecting Franklin.

"He is an attorney and litigator that I greatly respect," attorney Justin Wayne said.

Douglas County Attorney Don Kleine agreed to petition to court for a grand jury to determine whether Jake Gardner should face felony charges for shooting Scurlock. During a televised news conference the Monday following the Saturday shooting, Kleine said that his office concluded that Gardner acted in self-defense.

Kleine said at the June 3 news conference that he wants to make sure people have faith in the justice system. He cautioned that, because of the pandemic, it may take a few months before a grand jury could be gathered.

Stratman’s bailiff, Shelly Lanouette, told The Daily Record that she didn’t know when a grand jury might be convened.

Wayne, in the statement, said he hopes the Franklin has sufficent resources for the grand jury process.

"Justice requires time and resources, which is why our county funds Don Kleine's office and puts the weight of the county behind it," Wayne said. "I've never seen the county attorney litigate a case of this magnitude with just one attorney; generally they have at least two. I hope Mr. Franklin will receive the same for the grand jury process. Lastly, I hope Don Kleine's office will give Mr. Franklin a fair chance at litigating this matter and only comment if Don Kleine plans to pursue charges himself. Otherwise, additional public comments will only prejudice the process."