NEBRASKA CITY – Donald Pack, 22, of Nebraska City will stand trial on a second degree murder charge for a New Year’s Eve shooting that the public defender calls an absolute accident.

A special prosecutor from the state Attorney General’s Office joined Otoe County Attorney Jennifer Panko-Rahe Wednesday at preliminary hearing where Police Capt. Lonnie Neeman described the shooting that left 21-year-old David Holmes dead inside of his 11th Corso apartment.

When asked about evidence that the shooting was intentional, Neeman said pointing a gun at someone and pulling the trigger speaks for itself.

Public Defender Michael Ziskey said the two men have been friends for years and were looking forward to shooting off fireworks for the new year at midnight. He said Pack believed the gun was not loaded when he pointed it around 11:30 p.m.

Assistant Attorney General Michael Guinan said unfinished examinations of social media communications might provide evidence of motive.

 

Guinan: “ A gun, a loaded gun, was pointed at basically a range that you can’t miss, even if you were intoxicated … at a can’t miss distance. He shot him right in the head and right through the head. That’s what we know. Those are the facts. That’s an intentional act.”

He said if the defense pursues a verdict of unintentional manslaughter, a jury would receive those instructions at a second degree murder trial.

Ziskey said the prosecutors are not fit to guide the defense.

Ziskey: “We’re not even arguing this is manslaughter. There is no evidence of a sudden quarrel nor is it an unintentional killing while committing an unlawful act. We’re submitting that this was a pure accidental shooting.”

Neeman said investigators were told that Pack brought the gun to the New Year's Eve party and he and Holmes had each "messed" with it.

Neeman testified that Holmes’ girlfriend first told him she was asleep with a headache in another room when she was awakened by the gunshot. She later told the detective that she had a “vision” of fire coming from a gun and being temporarily deafened.

Neeman said the girlfriend told him she came into the living room where Holmes was slumped over on the couch. She told Neeman she saw a blank look on Pack's face before he ran from the house.

Neeman said Pack told him the girlfriend was sitting besides Holmes on a couch when the shot was fired.

Investigators are waiting for an opinion from the state crime lab regarding the distance of the shot. The shell casing from the fired round has not been found, but Neeman said it might be lost at the bridge where the gun was recovered.

Pack had called 911 to tell police where he and the gun could be found shortly after the girlfriend, Emily Morris, called 911 from inside of the apartment.

Pack is scheduled for arraignment in district court on Feb. 28.