Sonic shooter ordered to take mental health tests

His attorney is concerned he may not be able to assist the defense during the death penalty phase

PAPILLION, Neb. (AP) – A man is facing a possible death sentence after pleading guilty to killing two workers and injuring two others at a Nebraska fast food chain. A judge has ordered him to take a mental health evaluation.

Roberto Silva Jr., 24, was ordered on Monday to take the evaluation after concerns were raised by his attorney about his ability to assist defense attorneys through the death penalty phase of his case, according to the Omaha World-Herald.

“It’s become clear to me that over the last week that he has decompensated as he spends time in solitary confinement,” Assistant Sarpy County Public Defender Chris Lathrop said.

Silva is being prosecuted for the Nov. 21, 2020 shooting at a Sonic Drive-in in the Omaha suburb of Bellevue. The shooting resulted in the death of 22-year-old Nathan Pastrana and 28-year-old Ryan Helbert and critically injuring two other workers.

Prosecutors are seeking the death penalty.

Silva set fire to a U-Haul truck that he drove to the restaurant and shot the workers, according to police. Officers responding to the scene found the truck on fire with four victims in the restaurant.

Silva was arrested outside the restaurant days before the shooting for ordering $57 worth of food on another person’s Sonic app.