Victim In Accidental Shooting Wants Suspect "To Pay"

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Fifteen-year-old Nicole Leinen one of two wounded
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An Omaha teenager recovering from injuries she suffered in an accidental shooting said Saturday she wants the suspect to be held accountable and "pay for what he did."

Fifteen-year-old Nicole Leinen has four pins and a rod in her right leg. Doctors say they may never come out.

She was shot last Saturday, allegedly by 18-year-old Benjamin Henry II, who was reportedly showing the gun off at his Bellevue home to a group of friends.

Leinen enjoys being a cheerleader and just about everything else that comes along with high school, but a recent accident might change some things. "It is the worst situation I've ever been in, just scared me so much."

Returning to life as normal on any level will take some time. "I just don't think that I'll be able to be as active and do as much, like for school."

She won't be going back to Bryan High for about a month. She takes five different medications every four hours as she recovers.

“I didn't really know everyone so I was just being like kind of quiet, but I was talking and stuff and everything was fine until the guy showed up.

Leinen and some friends were at the Bellevue home last Saturday night when she says 18-year-old Benjamin Henry showed up with a high-powered assault rifle.

"I saw the gun, but I didn't really think anything of it. I just thought it was just something for hunting, they were going to show it off, you know."

Then the gun went off. The bullet first struck 20-year-old Zach Hufless in the abdomen, passed through him and the couch he was sitting on, and struck Leinen in the leg.

"I looked down at my leg and I saw the bullet hole and I just saw my leg dangling to the side and then I just fell to the ground and it got blurry from there."

Nicole says she's looking forward to being able to get around without the crutches and she wants to see Henry held accountable. "I just want him to pay for what he did."

Henry was charged Thursday with second-degree assault and tampering with evidence and faces a maximum 10 years in prison and $20,000 in fines.

Hufless was treated and released from the hospital earlier this week.

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Posted by: Stephanie on Apr 4, 2008 at 04:12 PM
okay. Nicole is a close friend of mine. She's never done anything wrong and is a straight A student. She wasn't there parying or wutever. She was just hanging with her friends, like every teenager. How is it her fault that she got shot and not the shooter's? Don't turn this on her, she isn't the one dum enough to shoot people on 'accident.'

Posted by: HE'S SORRY on Jan 31, 2008 at 03:35 AM
I have actually talked to him since all of this went down and took place. And I actually would like to clarify some things... first of all this get together was not a party. second it was an accident. third he is very remorseful because me and another friend could tell from the tone in his voice from the phone call. four is that he really truly is sorry for what happened. and fifth he really did not mean to do it. So I know what people are going to say and that it was stupid which I dont deny because yes it was. But at the same time I have to know from how he is at work and know that he is very sorry.

Posted by: M on Jan 29, 2008 at 03:00 PM
As I do feel sorry for Nicole getting accidently shot, but she put herself in that situation. She said herself that she saw a boy come into the house with the gun and "didn't think anything of it," I guess she is now. Instead of leaving the party with people she did not know, she decided to stick around and watch them show off the gun she thought was for hunting. Why isn't she accountable for her own actions, she choose to stay at the house after seeing the gun. Its time to take responsibility for your own actions and the consequences that follow.

Posted by: Katie on Jan 28, 2008 at 03:13 PM
This house is known as a party house and anyone who knows these kids know they are not "innocent victims." If I saw someone bring a gun into a house, I wouldnt just stand there and think "nothing of it." I feel sorry for what happened to her, but had she used good judgement and left, she wouldnt have gotten shot. And this 18 year old boy should pay for what he did, I do believe that felony assault is asking a bit too much. He knows what he did was wrong and he's willing to try and make it right. Why take away 10 years of his life for an accident?

Posted by: TRACY on Jan 28, 2008 at 10:38 AM
WE NEED TO TEACH OUR CHILDREN THAT WHEN SOMEONE SHOWS UP AT A PARTY WITH DRUGS OR GUNS TO LEAVE THE PARTY. WHY IT DIDN'T BOTHER THIS GIRL WHEN SHE FIRST SAW THE WEAPON IT COMPLETELY BEYOND MY COMPREHENSION.

Posted by: Joe on Jan 27, 2008 at 10:25 PM
Reality Czech, The Readers Digest version helps explain to those that do not know the weapons that read this. I know Russian weapons from the user end. Thats the one that counts, not the business end. You can not be dumb enough to think banning foreign weapons is a good idea. Your going to shoot much of the firearms business right in the foot. Whats next? banning foreign cars, foreign oil, Foreighn people? When Americans can manufacture a quality rifle that matches the russians in reliabilty, durability, and COST. Maybe I will look into it. BTW Almost all guns have a multi round magazine. Marlin 30/30 for example.

Posted by: Ken on Jan 27, 2008 at 09:14 PM
Dear Reality Czech, so you support "buy American"? Not too proud of your heritage, eh? I'm curious, though, if an American manufacturer started producing AK47s, would you support them or try to ban them?

Posted by: shanon on Jan 27, 2008 at 07:30 PM
To mother in bellevue. I am a mother and stick where i stand with my comment!That will go for both my son and my daughter. They have no business at that age being anywhere at that time but home.And if for reason they ended up in a situation like that for what ever reason in the future when they are old enough to make their own choice about when and where they will be at that would be their responsibility and judgement. I am a adult who went to a party and got hurt. I think I will sue or show up in court for this persons sentenceing and deliver a victims impact statement etc,.Or I will just admit it was a party that was getting alittle loud and I wasnt aware of all that was going on in the background and I got hurt.

Posted by: midtown on Jan 27, 2008 at 07:24 PM
for all you out there this just shows you, you are who you roll with.

Posted by: Reality Czech on Jan 27, 2008 at 06:47 PM
Hi Joe from LaVista, Thanks for the Reader's Digest version of everything you know about the AK47. I happen to know them from the business end, do you? I say we stop allowing the importation of these so-called "excellent weapons of choice" and buy American. If they're not made here then don't allow them in the country. BTW, if someone needs a multi-round magazine to hunt deer, maybe they should get their meat from a grocery store?

Posted by: TJ on Jan 27, 2008 at 05:57 PM
To all of the parents out there in comment land. It all starts with you at home. Raise your kids right. Know where they are at 10:00 at night. Dont let the responsibility lie on others to raise your children. I have another idea, have gun safety taught to them even though you despise guns.

Posted by: CA on Jan 27, 2008 at 05:36 PM
Poor little 15 year old girl is crying now that something happened. If I read this correctly ALL of those kids were innocent because they were 'just playing video games' 'no alcohol was involved' 'there were parents present'. Hmmmm...well why didn't a parent see the kid come in the house with a large gun? Why didn't the innocent children ask the bad kid with the gun to leave? Why did the kids have show and tell? Why didn't the poor little innocent girl go and tell the parents? Why didn't she just leave? No child is innocent here, until your kids can learn to take a stand against their peers this type of stuff will continue to go on. I'm not stupid enought to think my kids were innocent...

Posted by: cop on Jan 27, 2008 at 04:50 PM
I think a curfew is probably a good idea too. I used to have to come in when the street lights came on. Whatever happened to that?

Posted by: cop on Jan 27, 2008 at 04:45 PM
M-16's, AK 47's, whatever. I'd like to see them all banned. There's no need for them.

Posted by: Joe on Jan 27, 2008 at 04:09 PM
to Reality Czech: An AK-47 is an excellent weapon of choice, it is cheap, has a hard hitting round at shorter ranges, is very reliable, and damn near indestructible. M1's M14's and M16's are highly overpriced weapons. The M16 is not nearly as reliabe or hard hitting. A 7.62x39 is a much bulkier round that a fast shooting .223. Maybe not in an AK-47 form, but an SKS is a good $100.00 gun that is perfect for deer hunting when you wont be shooting more than 100 yards. Even though it is a high capacity rifle you only need to carry 1 bullet in it for that 1 shot. Most people do not understand the appeal of this very well designed weapon. And remember guns are just tools. It's the idiots behind the trigger that are causing all the issues.

Posted by: Joseph on Jan 27, 2008 at 04:02 PM
i was never allowed to be outside past 9pm when i was 15 it sickens me to see parents cry when there kid is shot when she/he shouldn't be outside at night parents need to take responsibility

Posted by: to father on Jan 27, 2008 at 02:55 PM
YUP thats right. I bet the cop who was driving on the road with other cars thought something was odd about a car on the road. I don't think they are quite the same situation. If you were there with your precious baby and the boy pulled out the gun you would have just been okay with it too huh?? you must be as stupid is she is then because my dad would have grabbed me by the hair and high tailed it out. NOT SAID ' I DIDN'T THINK ANYTHING OF IT '

Posted by: cs on Jan 27, 2008 at 02:38 PM
I have followed this story the whole time for I have a teenage son as well. Then I read today she was at a PARTY and 15 years old.? Where were the parents when this party was going on or were they even home? You donot deserve what has happened to you but you also DONOT belong at a party at 15!!!!I just wonder is it exceptable to be in sports and cheerleading and attend such events? Come on Omaha we need to keep track of our children and keep them safe!!!!

Posted by: Jake on Jan 27, 2008 at 02:15 PM
The punk should pay for his crime, but I have no sympathy for parents/family's who would let their 15 yr old daughter/"child" stay out this late. Im 30 now, but to be out past 10pm at 15 was not an option.

Posted by: Dumb but Wiser on Jan 27, 2008 at 01:34 PM
How do you pay for stupidity.

Posted by: friend on Jan 27, 2008 at 12:55 PM
im am a friend of nicoles and i honestly cant see why some people seem to think of this as her fault. did you ever stop to think of why this idiot brought this type of gun none the less to a house where there were people? it shouldnt have been out of his own home at all! nicole probably wont be able to do the things she loves the same way ever again. i dont see this as her fault in any way shape or form. i am just appauled by some peoples judgements on this situation.

Posted by: DB on Jan 27, 2008 at 12:34 PM
She saw a high powered rifle and didn't think anything of it?? She must be used to hanging out with these type of people...Kids far too old for her. And she pays the price. Not much sympathy from this corner.

Posted by: Chris on Jan 27, 2008 at 12:16 PM
Wow, this is a tricky one. One side is blaming the other side and vice versa. I guess my only question is, why are guns showing up everywhere? School, malls, drive-through restaurants, etc. Nebraska needs to consider revising gun controls.

Posted by: Reality Czech on Jan 27, 2008 at 11:33 AM
To me an AK47 is just a reminder of the type of weapon that killed a lot of our soldiers in Korea and Vietnam. If you want to defend your Second Amendment rights, then at least be patriotic and buy a M1 Carbine, M1 Garand, M14 or an M16 in honor of our fallen instead of a war trophy that helped to put 58,000 names on a black wall in Washington DC.

Posted by: Little Ole Me on Jan 27, 2008 at 11:31 AM
There is SO much wrong with this whole story... Like Shanon pointed out, what was she doing there at that time of night with folks showing off assault weapons? I have no issue with gun ownership, and believe gun control is a slippery slope. I also feel that Henry was in the wrong, but not for the reasons most would think. You are looking for the book to be thrown for stupidity. There HAS to be intent to do harm. He did not INTEND to shoot her, but he was stupid and careless. Unless you are ready to SHOOT the gun, it should ALWAYS be unloaded and cleared before you try to stow it. The rifle should have never been loaded in the first place, but it was, and it should have been cleared before being put away, and it wasn't, but I do not think there was INTENT to harm anyone. He should get in trouble for the tampering though. Basically, a bunch of kids doing stupid things as kids do. I do hope that Henry loses the gun though.

Posted by: stan on Jan 27, 2008 at 11:06 AM
The cheerleader was at a party and when an AK47 shows up on the scene, she "didn't think anything of it"? Sorry, Cookie, you bear some responsibility. My sympathy for you has, let's just say, lessened.

Posted by: Frank on Jan 27, 2008 at 10:41 AM
I think the parents of all the children should be charged with child endagerment. No sympathy for stupid parenting.

Posted by: justin on Jan 27, 2008 at 10:37 AM
so if someone accidentally kills your parents, thats ok then right Eric? come on stupid. you dont load a weapon unless you intend to use it, and you dont fiddle with a weapon you dont know how to use properly.

Posted by: Nope on Jan 27, 2008 at 10:34 AM
Why was she out in the middle of the night at a party where kids are "showing off" guns? How unintelligent are these kids? He will get into trouble for this, but in my opinion she shouldn't be able to sue this kid because she was there while he was "showing off" I hope she legally can't sue this kid, not that I feel sorry for him in any way, but if she can sue this kid then it just opens the flood gates for more stupid teenagers & their parents.

Posted by: a father on Jan 27, 2008 at 10:32 AM
DEFENDERS: I think the Cop who was hit by the 15 yo drunk driver might have said, "I saw the car, but I didn't really think anything of it." That was before she swerved. Face it, teens freak over cool new toys. It could have been a car they went out to ogle, and then the driver takes a couple passengers and wrecks. We still hold the driver accountable.

Posted by: dan on Jan 27, 2008 at 09:43 AM
Hey with the way kids do whatever they want cause parents are afraid to raise there kids no one wants to say it but plain and simple the parents who are to busy to teach there kids right from wrong are the ones to blame. Everyone is harping on she is 15 why is she with a 18 year old WOW a 3 year difference stop and check I would guess at least 90 percent of the people posting and reading have spent time with someone with the same length of age difference so quit trying to use that as a reason for what happened. The little punk never had his dad lay down the law with there are things you just don't do

Posted by: Anonymous on Jan 27, 2008 at 09:33 AM
Teenagers need to realize that there are consequences for their choices. If you choose to go to a party with a bunch of people you don't know and don't leave the party when someone brings a gun, that is a choice that will likely not have good consequences. This young girl learned a lesson that her own choices, and the bad choice of this young man led to an unfortunate situation.

Posted by: Brian on Jan 27, 2008 at 09:27 AM
This is not her fault that she was somewhere when someone brings out a gun this is no different then the victims @ The Westroads besides not everyone knows what an AK47 looks like. Yeah this was carelessness on the part of the boy and was not deliberate, but he should know better then to bring a loaded gun to someone's house. The difference between this and the Vice Pres. is that these kids were not hunting!! Who hasn't been @ someone's house or been somewhere when something went wrong? The boy shouldn't be a convicted felon unless there is more history with this individual. To the people that think she shouldn't have been there anyways, like that is the story here somebody else got shot too, so maybe the only one that shouldn't have been there is the individual with the gun. More gun control, yeah that will help, Not. People that break the law don't care about the law or the people it is to protect. Yes there are things that can be done, but it will take responsible parents, g. control

Posted by: pete on Jan 27, 2008 at 09:03 AM
Interesting to see if the OPD and the nebraska court system will screw this case up.

Posted by: Paul on Jan 27, 2008 at 08:48 AM
Sounds like the family of this limping bimbo is looking for some cash. GREED, GREED, GREED! This is what happens when you hang out with low life thugs with guns! Wake up and grow up little girl!

Posted by: eric2 on Jan 27, 2008 at 08:46 AM
accident is no excuse.. why did he have the gun in te 1st place hmmm

Posted by: Perfect Life on Jan 27, 2008 at 08:41 AM
This girl lives a perfect life and never makes even the tiniest mistake. Just because she was a minor at a beer party, that's not her fault, because other people made her do it.

Posted by: Anonymous on Jan 27, 2008 at 07:56 AM
I believe she is right. Society needs to be responsible for their actions, and so does he. Maybe if these kids thought that there was something wrong with taking a gun to a party or anywhere else for that matter, we wouldnt have so many killings.

Posted by: Anonymous on Jan 27, 2008 at 07:03 AM
Pay is the operative word here. The "victims" mother is the one driving the train here. Yes it's a tragedy that her daughter was hurt, but now she is looking for her 15 minutes of fame from this. Everyone involved should be punished from the boy with the gun, to everyone at the party.

Posted by: charlene on Jan 27, 2008 at 05:47 AM
It seems that this was a very tragic mistake. This boy (that is what he is) was very stupid & careless, but was not acting in a criminal way. Stupidity, which is part of being a teenager is no reason to try & ruin his life also. Part of discipline in the old days was to make sure that he learns a lesson from this. Help out these kids & their families. Get an extra job & help defray some of their costs, but why would you want to destroy a young boys life because he was stupid & careless. Obviously his guardian as well as the victims guardians in this case never drilled into their childrens head the importance of gun safety. If they would have he wouldnt have brought a loaded gun into a room full of kids & the victims would not have sat back thinking it was cool, which I am sure they were all thinking or they would have been out of that room immediatly. No one has died & thank God for that. From there it should be a teaching & learning lesson so as to hopefully prevent another incident

Posted by: Anonymous on Jan 27, 2008 at 04:25 AM
I just dont even see as to why he would do this because I have been working with him since October of 2007 and he always seemed to me anyway like he wouldnt hurt a fly. But I know what some people are going to say that how could I have not known that he is possibly dark on the inside and has his own issues. I dont condone what he did but when she says 'I saw the gun but I didnt really think anything of it'. Um...hello I would be out of the door in a heartbeat. Needless to say I was very shocked to see his mug shot on the tv.

Posted by: DEBBIE on Jan 27, 2008 at 01:22 AM
I think the law is clear on if you are handling the weapon you are then responsible for what happens with that weapon. It really does not matter what time it is or how old the victim is, does it? This 18-year old should have known how to handle this weapon. If not, he had no business having it in his possession. I feel the real question in this situation is what is an 18-year old doing with an assault rifle? He obviously is still immature enough that he feels that he has to "show it off" to others. This was an accident, obviously, but he should be held entirely responsible for both victims' injuries. Not only him, but how did he come to be in possession of this weapon? Who is the rifle actually registered to? That individual should share in the responsibility.

Posted by: Eric on Jan 27, 2008 at 12:38 AM
This is a horrible accident, but an accident none the less. Hope and pray that she heals completely, but charges against the boy when it was an accident is just plain stupid.

Posted by: DEFENDERS on Jan 27, 2008 at 12:34 AM
She's just as guilty as the rest of them. Her comment was 'I saw the gun, but I didn't really think anything of it.' Now shouldn't she have been concerned or tried to leave. If I was at a party with a bunch of people that I didn't know as she says, I would have been a little concerned when somebody pulled out an AK47. Since when is this not alarming??

Posted by: Steve on Jan 27, 2008 at 12:23 AM
Mother - who said I blamed the child? Don't stir my comments with those of others on this thread. I am saying that there is a lesson to be learned here: plain and simple, don't hang out with people like this. Like it or not, it's a good idea for people to learn from another's bad experience without having to go through it themselves. I tell my kids all the time what kind of people are the wrong ones to hang out with. This is a perfect opportunity to re-state what some people are apparently blind about. Class is reserved for those of us who care enough to share valuable and perhaps life-preserving information with people that are not otherwise able to figure it out for themselves. Again, Mother, I do NOT blame the child for this, so get a grip.

Posted by: stan on Jan 27, 2008 at 12:20 AM
At a party when an AK47 (those aren't small guns) shows up? And the cheerleader "didn't think anything of it?" Sorry, cookie, you just lost some sympathy from me.

Posted by: midtown on Jan 27, 2008 at 12:18 AM
as with Anonymous, the situation was as it appears an accident. but I still want to know why a 15 year old girl is out this late and in this sort of situation? why is she not home in bed at this time?

Posted by: Anonymous on Jan 26, 2008 at 11:54 PM
Just because this young women was hanging out with a few friends in the evening doesnt mean she was out looking for trouble and it doesnt mean that they are lowlifes accidents do happen!

Posted by: Gary on Jan 26, 2008 at 11:41 PM
She is lucky to be alive. Why is a 15 year old hanging out with 18 and 20 year olds. I find the whole story a bit on the not the whole truth thing. At the lawsuit trial we will here the whole story...

Posted by: a mother on Jan 26, 2008 at 09:57 PM
Shanon, shame on you. When you blame the victim, you just look ignorant. She was SHOT. She wasn't drinking or doing drugs. And Steve, lowlifes also include people who could blame a child for being shot. I'd say have some class, but for you two..might be a little late.

Posted by: shanon on Jan 26, 2008 at 07:48 PM
I am not going to feel anything about this if I find that the 15 year old was out monkeying around with 18-20 year olds and it was later in the evening. She should have been at home not running around.Course now she will be limping around.

Posted by: Anonymous on Jan 26, 2008 at 07:20 PM
I hope this young lady recovers quickly and with no longterm problems. This is another incident that shows better gun control is needed. As for the young man charged in this event, I just have one question...why is he a criminal and our vice-president was not? Were not both shootings "accidental"? I understand being responsible for one's actions but is distroying this young man's life and making him a felon really a fair response to this "accident"?

Posted by: Steve on Jan 26, 2008 at 06:22 PM
Lesson learned over and over: hang around with lowlifes and you will either be killed, injured, or become a lowlife yourself. Lowlifes include: habitual drug users, criminals, gang members, mongers of hate, and those with no respect for human life. Anyone that bears a loaded gun in their house or points it (whether loaded or not) in the direction of something they do not intend to shoot is a lowlife.