OMAHA - As the shooting of 22-year-old James Scurlock continues to make waves throughout the state and the nation, both parties involved in the incident had run-ins with the law prior to their altercation.

Douglas County Attorney Don Kleine announced Monday that the shooter, 38-year-old Jake Gardner, will not be charged for the shooting, but Gardner has faced other charges in the past. Gardner was arrested in September of 2013 and charged with two counts of assault and battery, along with failure to inform an officer of a concealed handgun, property damage, and theft. 

Ultimately, the property damage, concealed handgun, and one of the assault and battery charges were dropped following a plea agreement. The second assault and battery charge was amended to disorderly conduct, and Gardner was fined $200 for that count along with the theft charge.

Gardner was also arrested in August of 2011 for reckless driving and carrying a concealed weapon, but the weapons charge was dropped to disturbing the peace, which included a $200 fine. Additionally, Gardner was arrested for reckless driving in 1998 and third degree assault in 1999.

The victim, James Scurlock, has also had a history with the law, as an affidavit says Scurlock was arrested on Dec. 3rd, 2014 in Madison County for robbery and use of a firearm to commit a felony. Officers say Scurlock was involved in a home invasion robbery at 108 Madison Avenue in Norfolk, as he was part of a group of black males who entered the location and threatened four residents with handguns.

Scurlock's charges were later amended to burglary, moving from a Class 2 to a Class 3 felony, and he was sentenced to 3-5 years in prison beginning Sept. 22nd, 2015. Scurlock served less than a year of his sentence, being released on Aug. 12th of 2016. 

Scurlock was also found guilty of assault and battery charges in January of 2019, for which he served one day in jail. Additionally, Scurlock plead guilty to third degree domestic assault this past February, serving a 90-day jail sentence.

Following the announcement that no charges will be filed against Gardner, James Scurlock's father told NCN that he would like a grand jury to make a ruling on the case, a sentiment which was echoed by State Senator Justin Wayne outside of the Douglas County Courthouse on Monday.

This is a developing story, and we will continue to provide you with the latest information as it's made available.