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Silva Sentencing Stalled

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Roberto C. Silva Jr.

April 5, 2022
(Santana Anderson and Jacob Baker – NSN News)

Today Judge Nathan Cox ordered Roberto C. Silva JR to undergo a psychological competency review before sentencing. Evaluations deemed necessary by the psychologist must be taken, according to Judge Cox’s order. The verdict has been postponed pending results.

Roberto C. Silva JR. pleaded guilty to killing two Sonic restaurant employees and wounding two others on November 21, 2020. Sarpy County Public Defender Tom Strigenz has filed a motion under seal to determine his mental competency.

A shackled Silva stood throughout the proceeding surrounded by law enforcement officers.

At issue is whether Silva understands the court process and is capable of assisting his defense attorneys through the death-penalty phase of this case.

Silva claims he was mentally sound when he pleaded guilty to the crime and expressed his desire to proceed with sentencing. Silva has written a letter saying he wanted to be executed.

Sarpy County Attorney Lee Polikov is seeking the death penalty and said his decision was not taken lightly. The “aggravating circumstances” outlined for seeking state capital crime are; the slayings were committed in an effort to conceal the commission of a crime or to conceal the identity of the perpetrator of such crime, the slayings were especially heinous, atrocious, cruel or manifested exceptional depravity by ordinary standards of morality and intelligence, if at the time the slayings were committed the offender also committed another murder, if the offender knowingly created a great risk of death to at least several people, and the slayings were committed knowingly to disrupt or hinder the lawful exercise of any governmental function or the enforcement of the laws. -30-

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