Prosecutors in Nebraska this week formally declared they will seek the death penalty against a man accused of opening fire at a Sonic Drive-In restaurant, killing two employees and injuring two others in an unprovoked November 2020 attack. Sarpy County Attorney Lee Polikov on Monday announced the filing of upgraded first-degree murder charges against Roberto Carlos Silva Jr. that will allow prosecutors to pursue the death penalty, Omaha CBS affiliate KMTV-TV reported.
During an afternoon press conference, Polikov explained that his office had dismissed the original nine felony counts filed against Silva in state district court and refiled the charges in county court. The refiled charges include allegations that the murderous conduct included multiple aggravating factors that, if he is convicted, will allow the state to put Silva to death.
“I took these procedural steps today because they were necessary when seeking a determination in a capital punishment case,” Polikov said. “The decision is based on the facts as determined by the investigation—which is always ongoing—as well as new information we received months after the case had been initially filed.”
He added that the new information from investigators “fit the aggravating circumstances necessary to seek the death penalty.”
Polikov explained that after refiling the charges in county court, prosecutors will file a “notice of aggravators” outlining the reasons Silva’s alleged actions constitute a capital crime. A...
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