State v. Say

── State v. Say ── Court: Nebraska Court of Appeals Date: May 12, 2026 Category: General IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) STATE V. SAY NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). STATE OF NEBRASKA, APPELLEE, V. WAH K. SAY, APPELLANT. Filed May 12, 2026. No. A-25-386. Appeal from the District Court for Douglas County: JEFFREY J. LUX, Judge. Affirmed. Joseph L. Howard, of Dornan, Howard, Breitkreutz, Dahlquist & Klein, P.C., L.L.O., for appellant. Michael T. Hilgers, Attorney General, and Teryn Blessin for appellee. MOORE, PIRTLE, and FREEMAN, Judges. FREEMAN, Judge. INTRODUCTION Wah K. Say appeals from his convictions in the Douglas County District Court for manslaughter, use of a deadly weapon to commit a felony, terroristic threats, possession of a deadly weapon by a prohibited person, and operating a motor vehicle to avoid arrest by willful reckless driving. His sole assignment of error on appeal is that the district court abused its discretion in determining his sentence. For the reasons set forth herein, we affirm. BACKGROUND On March 10, 2024, Say went to an Omaha park with a group of friends and brandished a gun at several individuals, demanding money or drugs. He then approached Taw Moo and made the same demand for money. When Moo refused, Say and his friends assaulted him. As one of -1- Moo’s friends attempted to intervene, Say pointed the gun toward that individual and verbally threatened him. Say then shot Moo in the chest. Say and his friends fled the scene in a vehicle. Officers attempted to stop the vehicle, but instead of stopping, the vehicle increased its speed to 80 miles per hour, ran stop signs, and generally drove recklessly. Say stopped his vehicle in Omaha to discharge a passenger, but thereafter continued his attempt to evade officers by driving 100 miles per hour into Iowa. Eventually, the vehicle ran out of gas and Say and his remaining passenger were apprehended by officers. Moo was transported to the hospital, where he later died in surgery. In May 2024, Say was charged by information with first degree murder, use of a deadly weapon to commit a felony, and unlawful possession of a firearm by a prohibited juvenile offender. A second and third amended information collectively added terroristic threats, a second count of use of a deadly weapon to commit a felony, and operating a motor vehicle to avoid arrest by willful reckless driving charges. A 10-day jury trial was held in March 2025. Following trial, the jury found Say guilty of manslaughter, a Class IIA felony; two counts of use of a firearm to commit a felony, each a Class IC felony; unlawful possession of a firearm by a prohibited juvenile offender, a Class IV felony; terroristic threats, a Class IIIA felony; and operating a motor vehicle to avoid arrest by willful reckless driving, a Class IV felony. The district court accepted the jury’s verdict and found Say guilty on all counts. The court ordered a presentence investigation report (PSR) and scheduled sentencing for May 12, 2025. At the sentencing hearing, the district court gave each party the opportunity to present argument. Say’s trial counsel argued that Say’s age and background should afford him a lesser sentence. The State opposed leniency, pointing to Say’s extensive juvenile record and evident lack of remorse in the PSR. The district court stated that it had reviewed the PSR, including the reports contained therein. The court advised that it had consid