A 31-year-old Nebraska man faces six felony charges for shooting a Black father and son during a confrontation at an Omaha gas station.
David Seyler faces two counts of assault, terroristic threats, and weapons charges. He appeared in court for the first time on Oct. 23, when a judge set his bond at $750,000.
Prosecutors say the shooting occurred at a Mega Saver gas station near 144th and Blondo streets in northwest Omaha. Doctors expect both victims, 48-year-old Leon Mitchell and his 23-year-old son, to survive, but their family says they face a difficult recovery.
One of the men may be permanently paralyzed from the waist down, according to Omaha police. Makiya Mitchell, the daughter and sister of the victims, said her father suffered a severe spinal cord injury, while her brother sustained gunshot wounds to his liver and lungs.
“My father has a spinal cord injury,” Mitchell said. “His spine is almost in half.”
She said doctors gave her father only a 5% to 10% chance of walking again. His recovery, along with her brother’s, will depend on how their conditions progress.
“It’s really just like a waiting game now, just seeing what progress they can make day by day,” Mitchell said.
Prosecutors say the dispute began inside the gas station when one of the victims asked Seyler for a cigarette.
“The argument spilled into the parking lot, at which time the defendant brandished a firearm while he was getting into his truck,” prosecutor Emily Cvitanov told the court.
According to an affidavit, Seyler allegedly made a threatening remark to the two men during the confrontation, asking, “You wanna get shot? You’re in West O now.”
Video provided to KMTV by the family reportedly captured Seyler threatening the men before the shooting.
“Do you want to f—— die?” Seyler says in the footage. “Hey! Do you want to f—— die?! Do you? Look at me!”
Authorities allege Seyler shot both men before leaving the scene. The family says both victims underwent major surgeries at Bergan Mercy, where they have been recovering from their injuries.
Mitchell believes her father intervened to protect her brother and others nearby when he saw the gun.
“My dad was a hero that night,” she said. “He (saw) a gun and went for it to make sure my brother didn’t get hit, but (also) everybody else around him.”
She added that the shooter appeared unconcerned about who else might be caught in the gunfire.
“That man did not care where he was shooting at that night or who he could have shot,” Mitchell said.
Mitchell believes the shooting was deliberate and racially motivated. She described the incident as a hate crime and said Seyler had no reason to target her family.
“This was a hate crime,” Mitchell said. “He knew what he was doing.”
She also questioned why the confrontation ended with her father and brother suffering serious injuries.
“Some people do have these problems,” Mitchell said. “We’re not going to be able to control it all the time, but he could have went off on anybody that day — why them?”
Mitchell’s concerns extend to Seyler’s access to a firearm. Court records show he faced a felony assault-by-strangulation charge in February. Records indicate he initially pleaded not guilty before entering a no-contest plea. He was convicted of a misdemeanor and sentenced to 48 days in jail in March.
“I don’t think he should have been owning a gun in the first place, especially not one that he can carry on his hip,” Mitchell said. “Guns are for protection if you need it. He did not need protection that night.”
The family has gathered to support one another as the two men continue recovering. Mitchell’s account of her father’s injuries underscores the uncertainty ahead, particularly as the family waits to learn whether he will regain the ability to walk.
Douglas County Attorney Don Klein said Seyler’s six felony charges carry a potential combined sentence of 200 to 205 years in prison if he is convicted. The charges include first-degree assault and terroristic threats.
Seyler’s next court appearance is scheduled for Dec. 2.
As the case moves forward, Mitchell and her relatives are focused on the victims’ recovery while continuing to question what led to the shooting and whether it could have been prevented.
