Don Kleine is in his 43rd year as an attorney, his 33rd year as a prosecutor and his 15th as the Douglas County attorney.
But he’s in his first as a Republican after a year of turmoil, with COVID-19 in the courts and protests in the streets, sometimes outside his own home.

Kleine
Despite that “tough” year, Kleine said, he feels energized and as passionate as ever about the job ahead. He announced on Thursday his intention to run for reelection in November 2022.
First elected in 2006, Kleine, 68, said party politics don’t matter in his job. Evidence, facts and trying to do right by people do, he said.
“I still have the fire, the desire to do this work,” Kleine said. “This is such a critical job, when you talk about community, about making our community a better place to live, about trying to help people and making sure society is protected from the people who do terrible things.”
Kleine is the first to announce a candidacy. No attorney has announced from the Democratic Party — of which Kleine was a longtime fixture and was sometimes courted for higher office such as the U.S. Senate.
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That relationship fractured in 2020 after Kleine declined to charge a White man, bar owner Jacob Gardner, in the May 30 death of a Black man, James Scurlock, during Omaha unrest over the death of George Floyd under the knee of a Minneapolis police officer. Scurlock jumped on Gardner’s back after Gardner brandished a gun and fired what he told police were warning shots.
Kleine; his chief deputy, Brenda Beadle; and Omaha police detectives reviewed several videotapes of the shooting. On June 1, he ruled that the shooting was in self-defense and said he would not be charging Gardner — a decision that sparked protests. Within two days, Kleine announced that he would ask the court to have a special prosecutor and grand jury review the case, saying he wasn’t afraid to have a “second set of eyes” on the case. A grand jury eventually charged Gardner with manslaughter and three other counts.
Gardner died by suicide before he was arrested or brought to trial.
In the course of the case, protesters turned their attention to Kleine, often gathering outside his house. In September 2020, a couple of Democratic Party activists introduced a resolution denouncing Kleine, saying he “perpetuated white supremacy” with his decision in the Gardner case. Kleine said the resolution, which passed, was a shock and was wrong. The next month, he announced that he was switching to the Republican Party.
The Democratic Party “doesn’t want me, and I don’t want them,” he said Friday. “That said, I’m still the same person I’ve always been — my office has always been run apolitically. It’s not about politics when you’re deciding whether to charge someone with a crime or enforcing a law or caring about a victim.”
Kleine said the resolution ignored a tenure he’s proud of — of hiring a diverse staff, including several African American attorneys, four of whom have gone on to become judges; of advocating for justice on behalf of crime victims in the Black and Latino communities; and of setting up treatment courts and diversion programs to help those who want to turn around their lives.
Kleine is the most experienced prosecutor in the state. He estimated that he has handled 100 to 150 jury trials. Among them, Kleine prosecuted sword killer Christopher Edwards and serial rapist David Burdette, as well as four men who wound up on death row: serial killers Anthony Garcia and Nikko Jenkins and child killers Arthur Lee Gales and Roy Ellis.
The Douglas County attorney is one of the highest-paid elected positions in the state. Both that official and the Douglas County public defender make $208,000 a year.
Photos: Fourth day of protests in Omaha after James Scurlock's shooter not charged
Protest Monday

People protest for the fourth day in a row in Omaha on Monday.
Protest Monday

People protest for the fourth day in a row in Omaha on Monday.
Protest Monday

People are detained after a bottleneck of protesters led to a moment of chaos during the fourth day of protests in a row in Omaha on Monday.
Protest Monday

People protest for the fourth day in a row in Omaha on Monday.
Protest Monday

Omaha World-Herald reporter Reece Ristau has his bag searched by law enforcement as people protest for the fourth day in a row in Omaha on Monday.
Protest Monday

People are detained after a bottleneck of protesters led to a moment of chaos during the fourth day of protests in a row in Omaha on Monday.
Protest Monday

A person bleeds while being detained after a bottleneck of protesters led to a moment of chaos during the fourth day of protests in a row in Omaha on Monday.
Protest Monday

Deputy Chief Ken Kanger talks with people gathered for a demonstration on Monday in downtown Omaha.
Protest Monday

Protesters gather at 13th and Howard on Monday in Omaha.
Protest Monday

A group marches down 13th Street on Monday in Omaha.
Protest Monday

Deputy Police Chief Ken Kanger marches with protesters on Monday.
Protest Monday

People try to leave the area on the fourth day of protests in Omaha on Monday.
Protest Monday

Deputy Chief Ken Kanger tries to make way for protesters to leave the area on the fourth day in a row in Omaha on Monday.
Protest Monday

People protest for the fourth day in a row in Omaha on Monday.
Protest Monday

People are detained after a bottleneck of protesters led to a moment of chaos during the fourth day of protests in a row in Omaha on Monday.
Protest Monday

Omaha police load people they arrested on a Metro city bus during a fourth day of protests in Omaha on Monday.
Protest Monday

People protest for the fourth day in a row in Omaha on Monday.
Protest Monday

Deputy Chief Ken Kanger kneels with protesters on the fourth day in a row in Omaha on Monday.
Protest Monday

Law enforcement surround people at a protest on the fourth day in a row in Omaha on Monday.
Protest Monday

Law enforcement watches as people protest for the fourth day in a row in Omaha on Monday.
Protest Monday

People watch the police response from the roof the of the Paxton building during a fourth day of protests in Omaha on Monday, June 01, 2020.
Protest Monday

Someone takes a photo of a broken window that someone else had broke during a fourth day of protests in Omaha on Monday, June 01, 2020.
Protest Monday

People protest for the fourth day in a row in Omaha on Monday.
Protest Monday

People gather at the corner of 13th and Howard as National Guard troops stand by in downtown Omaha on Monday.
Protests

People hand out water and snacks to others protesting for the fourth day in a row in Omaha on Monday, June 1, 2020. It was announced Monday that the bar owner who shot and killed James Scurlock amid a protest on Saturday will face no charges.
Protests

Destiny Monir, from left, Samantha Darensbourg and Windy Intellect, all of Omaha, talk with Nebraska National Guard Sgt. Justen Meneses as a few dozen people protest for the fourth day in a row in Omaha on Monday, June 1, 2020. It was announced Monday that the bar owner who shot and killed James Scurlock amid a protest on Saturday will face no charges.
Interstate

The Nebraska State Patrol and a heavy truck block the Capitol Avenue off of I-480 on Monday, June 1, 2020. Police are trying to discourage protesters from coming downtown.
National Guard

Nebraska National Guard Sgt. Justen Meneses hands out Gatorade to a few dozen people protesting for the fourth day in a row in Omaha on Monday, June 1, 2020. It was announced Monday that the bar owner who shot and killed James Scurlock amid a protest on Saturday will face no charges.
Protests

Workers board up All Makes at 2520 Farnam St. in anticipation of a fourth night of protests Monday.
Protest Monday

Protesters cross the corner of 13th and Howard street as National Guard troops stand on Monday in downtown Omaha.
Protest Monday

People hold signs at the corner of 13th and Harney Streets in Omaha on Monday shortly after it was announced no charges were being filed in the shooting death of James Scurlock.
Protest Monday

People chat with National Guard members on Monday in downtown Omaha.
Don Kleine

In a change from Monday’s comments, Douglas County Attorney Don Kleine said Tuesday that he is “weighing the potential” for a grand jury to look into the killing of James Scurlock, saying it’s “another way to clear the air.”
Interstate

The Nebraska State Patrol and a heavy truck block a downtown exit off Interstate 480 on Monday. Police were trying to discourage protesters from coming downtown.
Protest Monday

A flower on a sidewalk as National Guard troops and Omaha police stand at the corner of 13th and Howard in downtown Omaha on Monday.
Protest Monday

Messages for James Scurlock are spray painted on boarded up windows Monday in downtown Omaha.
Nebraska State Office Building

Doors and windows of the Nebraska State Office Building are boarded up as a few dozen people protest for the fourth day in a row in Omaha on Monday, June 1, 2020. It was announced Monday that the bar owner who shot and killed James Scurlock amid a protest on Saturday will face no charges.
Next Chapter bookstore

Workers board up The Next Chapter bookstore at 2508 Farnam St. in anticipation of a fourth night of protests Monday.
Protests

Jindy Intellect, of Omaha, talks with Nebraska National Guard Sgt. Justen Meneses and Staff Sgt. Troy Thielke as a few dozen people protest for the fourth day in a row in Omaha on Monday, June 1, 2020. It was announced Monday that the bar owner who shot and killed James Scurlock amid a protest on Saturday will face no charges.
Protest Monday

Windows are boarded up in downtown Omaha on Monday.
Protest Monday

People walk by a building in downtown Omaha on Monday with a message for James Scurlock on the windows.
Protest Monday

People demonstrate at 13th and Howard Streets during the fourth day of protests in Omaha on Monday.
Protest Monday

A police officer walks north on 13th Street during a fourth day of protests in Omaha on Monday, June 01, 2020.
Protest Monday

People protest for the fourth day in a row in Omaha on Monday.