Nebraska man faces death penalty if convicted of killing 2 in fast-food restaurant shooting

Sarpy County Attorney Lee Polikov said in a Monday news conference that an extensive investigation revealed information that fit circumstances necessary for seeking a death-penalty sentence for 24-year-old Roberto Silva Jr, according to WOWT.

"I took these procedural steps today because I intend to seek the death penalty in this case," Polikov said. "I based my decision on the initial investigation as well as new information we received after the case was initially filed, which fit the aggravating circumstances necessary to seek the death penalty."

Polikov said he didn't take the decision lightly, and that this was the first time during his 22-year career as County Attorney that he has sought the death penalty.

"I will tell you that there are nine circumstances outlined by statutes that are aggravating circumstances and the evidence we have, we haven't presented in court so I don't want to get into the details of why we think that a number of those nine aggravators are applicable to this case," Polikov added.

These nine circumstances won't be released to the public until after the case is filed in district court, which could take weeks or months, according to WOWT.

Silva faces more than a dozen felony charges, which include two counts of first-degree murder, two counts of attempted first-degree murder and one count of first-degree arson.

Polikov's new filing also adds three new counts of attempted first-degree murder for the three employees who escaped the attack unharmed, and three new counts of use of a firearm to commit a felony.

"Even though there's a lot of charges in this, I don't feel it's a case where we're over-charging or trying to force anything from the defendant," Polikov added.

On November 21, 2020, Silva allegedly attacked a Bellevue Sonic Drive-In location near 15th Street and Cornhusker Road. Authorities say he "threw an incendiary device, ignited materials in a rental truck and opened fire." Four employees were wounded, two of whom succumbed to their injuries.

According to WOWT, since being jailed for the attack, Silva has been charged with attacking another inmate, and faces a felony charge of escape and three misdemeanor assault charges given in connection to an October 7 incident at the Sarpy County Jail, where he allegedly threw cups of feces and urine at corrections officers.