Doctors say, Bellevue Sonic shooter is still not competent enough to be sentenced

Doctors say, Bellevue Sonic shooter is still not competent enough to be sentenced

PAPILLION, Nebraska – The man who pleaded guilty to a death penalty case has spent years in a Lincoln facility.

However, the Bellevue case remains in limbo, with doctors questioning his competency.

Roberto Silva Jr. did not appear in court Monday morning in Papillion, but his lawyer did.

Silva is still receiving treatment at the Lincoln Regional Center.

Doctors believe that with the right treatment, he will be able to understand the court proceedings and participate in his own defense.

Once that happens, he will face the death penalty.

Silva’s first court appearance occurred in 2020, during the COVID-19 pandemic.

According to investigators, Silva returned to the Bellevue Sonic Drive-In at 15th and Cornhusker a week after being arrested for identity theft.

Police said he used someone else’s app to buy $57 worth of food and wanted to avoid witnesses.

He set fire to a U-Haul as a diversion before opening fire on Nathan Pastrana and Ryan Helbert, killing both.

Silva pleaded guilty to the charges, despite knowing that the state was pursuing the death penalty.

Silva’s attorneys have asked the courts to ensure his competency before sentencing.

For the past three years, clinical psychiatrists in Lincoln have worked to restore his competency.

First Alert 6 learned in court on Monday that he is still not present.

“The restoration process continues until they have exhausted all avenues of opportunity to restore someone. “What the doctors are indicating is that they have not completed all of Mr. Silva’s restoration options,” said Christopher Lathrop of the Sarpy County Public Defender’s Office. “They’re trying to make sure they do everything they can to get him to a point where he is competent to stand trial.”

The court expects the Lincoln Regional Center to provide an update every 60 days.

It is worth noting that the doctors have previously stated that Silva’s competency can be restored.

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