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'Notice of Aggravators' filed in death penalty case against Roberto Silva Jr.

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PAPILLION, Neb. (KMTV) — Sarpy County Attorney Lee Polikov has filed a “Notice of Aggravators” in the death penalty case against Roberto Silva Jr.

Silva allegedly shot four employees, killing two, at a Bellevue Sonic Drive-In on Nov 21, 2020.

“Filing the ‘Notice of Aggravators’ is the next procedural step in this case. It provides notice to the defendant of the State’s grounds for seeking the death penalty in this case,” Polikov said.

According to a press release, the county attorney says the aggravating circumstances allegedly are:

  • The murders were committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of such crime;
  • The murders were especially heinous, atrocious, cruel, or manifested exceptional depravity by ordinary standards of morality and intelligence;
  • At the time the murders were committed, the offender also committed another murder;
  • The offender knowingly created a great risk of death to at least several persons; and
  • The murders were committed knowingly to disrupt or hinder the lawful exercise of any governmental function or the enforcement of the laws.

Silva pled guilty to identity theft. The judge sentenced him to six months in prison but did credit him with six months of time served. Silva remains in jail while awaiting trial for charges related to the shooting.

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