Probation Given For Accidental Shooting

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Gun fired while being handled at party
Posted: 4:08 PM Jan 12, 2009
Last Updated: 8:04 PM Jan 12, 2009
Reporter: Jeff Sabin
Email Address: sixonline@wowt.com

45 comments

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A Carter Lake man will not spend time in jail for shooting and killing a Plattsmouth man. Instead, 23-year-old Shane Hollenbach was sentenced Monday to two years probation for involuntary manslaughter, a misdemeanor.

Hollenbach was also sentenced to 100 hours of community service teaching firearm safety and ordered to pay a $1,500 fine as well as restitution to the family of 20-year-old Steve Hurd.

Hollenbach was holding a friend's gun at a party in a Council Bluffs apartment near 35th and G streets on October 18th when the gun went off. Hurd was wounded in the chest and died at the hospital during surgery.

Pottawattamie County Attorney Matt Wilber said several people at the party, including Hurd, had handled the loaded .22-caliber handgun. He said there was also a cigarette lighter being passed around that looked like a gun. The lighter would ignite whenever the trigger was pressed. He believes Hollenbach may have gotten the two mixed up.

"I don't think it would serve us as taxpayers well to put him in jail,” said Wilber. "I think he can do more good on the outside. I was pleased to see the judge give him the community service with regard to firearm safety."

Hollenbach apologized to the Hurd family in court before the sentence was announced. "I am so sorry for this. I did not mean for this to happen. I'm a good person. I know Steven was a good person. If there was anything in my life that I could do to repay you guys and to tell you how sorry I am, I would do it."

Shirley Harbin, Hurd’s aunt, wanted the sentence to include some jail time. "I think this is sending a huge mixed message to our youth, to society that it's okay to play with guns. If it's an accident, you shoot someone, you walk away and that is not okay."

Hollenbach met with Steven's mother Cindy Hurd after the sentencing. "She was very understanding and just wants him to see if he can make something good come out of this,” said Hollenbach’s attorney, Thomas Lustgraaf. “It's just a horrible situation for everybody."

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Posted by: Recent In-law on Jan 16, 2009 at 07:12 PM
Having just recently (as of may 2008) become a part of steve's family this situation didnt exactly hit home for me. I simpily saw the devistation in my wife's eyes, but since she has returned from her trip home for steve's funeral and I have learned just how close and tight knit this family really is. A brother, cousin, son, nephew, etc. was lost. No sentence in this world is just or will ever bring steve back. This family will forever mourn his loss, and I dont think that any of you who are his close to the situation on my side of it will ever understand. To shane's family, I'm sorry that you ever had to be a part of this, but to belive that this punishment was just is absurd. From an outside perspective the belief that a fully grown man would hold a firearm wthout knowing what it is and how it works is ridiculous, and to call this "accidental" is a cop-out for a man NOT WILLING TO TAKE RESPONSIBILITY FOR HIS ACTIONS or should I say utter stupidity

Posted by: Anonymous on Jan 16, 2009 at 02:48 PM
Think about it all..any one at that party could have grabbed the gun and it could have went off, including the victims brother and would that family want him to pay the crime for shooting his own brother? The perons who is responsible is the person who owns the gun, loaded it and brought it out....that is where the blame should be. Partying is not all it is cracked up to be is it...nothing good comes from partying and drinking...be careful all! My heart goes out to all the victims.,,both sides

Posted by: shane's family on Jan 16, 2009 at 12:38 PM
We have stepped back and analyzed the situation. Would we be hurt- DEVISTATED! There's no going around it... But i would be the mother that Steve's mother is being and realize it WAS an accident! and those words came out of her own sons mouth! We nor Shane are excusing what happened. We hold him accountable and so does he! He doesnt need one minded people on here leaving messages that have NO clue about him or the situation! The REAL person at fault for this tragic ACCIDENT will already be going to prison! It was nothing but a bad outcome of curiousity that led to this tragic event. I agree with "friend" if you do NOT know Shane,Steve's MOM or were not at the party- You have NO REASON to even be here. He doesnt need your understanding! The only understanding of the situation he needs is Steve's mom who has been nothing short of amazing! Shane will make sure good things come from this and Steve's name!

Posted by: Friend on Jan 15, 2009 at 10:54 PM
Does anyone read what anyone else is saying?? does anyone see what people have said about Shane?? How he will do anything for Steve's family and will do any consequence that he gets during this/? Obviously this is not a guy who is walking away from this. He is taking responsibilty and if you don't know anyone involved in the situation then you shouldn't be allowed to leave your opinion because you don't know!

Posted by: to Shane's Family on Jan 15, 2009 at 07:52 PM
I just have to say that about those who are family but do not care to make this situation worse, I can not believe you would have the audacity to question anyone's comments when all they are doing is protecting this already damaged family. Maybe you should have stepped backed and looked at this as if it were Shane Be a mother and a father in this situation or family member and ask yourself would you feel justice was served if it was your son or family member? I DO NOT THINK SO!!!!!!!! There is enough going on for everyone including Shane's family bt honestly step back and out of the box you would view it differently.

Posted by: Anonymous on Jan 15, 2009 at 03:23 PM
Accident or not a young man was still shot and KILLED his loss is a tragedy and this punishment truly does not fit the crime. Negligent is not a means to be able to escape the punishment this crime should have recieved!

Posted by: Shane's family on Jan 15, 2009 at 02:31 PM
Shane doesnt want or expect you to feel "bad" for him. He wants nothing but to help heal this broken fammily and help Steve's mom's wish in keeping his spirit and legacy alive. He may have gotten what to you seems like "no punishment" with 2 years of probation and 100 hours of community service, but he doesnt intend to let HIS punishment end there. He doesnt need something HUGE to hold himself accountable! He already does! And for those of you who post yourself as anonymous- You obviously dont believe in what you're saying too much! HE UNDERSTANDS he made a mistake- a terrible one! He will never let himself live it down! But he did NOT PULL a trigger. His finger hit it. And THE FUNNY THING is-the story Steve told his family and the cops matched up exactly with Shane's story! So obviously is wasnt an error in judgement on any legal aspect! They viewed all the facts INCLUDING the victims statement!Prayers to both families!

Posted by: Chris on Jan 15, 2009 at 01:41 PM
How can someone kill another and just walk away with the only punishment of having to be good for too years and do a little free work i know people who have spent more time in jail and had harsher punishment for a simple drug posession ... and blah blah blah you dont know shane this and that it doesnt matter he shot and killed Steve that is the only thing that matters at this point and big woop i wasnt one of you people who was there it doesnt matter ... and for all of you who talk big and were at the party hopefully you werent one of the chickens that wouldnt come forward to give a statement when all this happened ... and hopefully you werent one of the ones that wouldnt help find the gun and casing when they came up missing because all of you should feel horrible too becdause you just helped this man get away with murder

Posted by: ignorance is not bliss on Jan 14, 2009 at 02:27 PM
I'm sorry but the people we should be feeling sorry for are the people that LOST STEVE. I don't feel sorry for Shane. He put himself in the situation to have that awful accident take place as a result of his actions. As did the rest of the people that handled the gun that night. I wouldn't feel sorry for anyone else that put themselves in that situation either. As a result of several peoples careless actions Steve's life has been taken. Not only should Shane be held accountable for that but several other people at the party as well. No, I do not feel sorry for any amount of suffering Shane would have to endure as Steve's death has inflicted years and years of grieving and suffering for anyone that has known him. Is this to say Shane was a bad person? No but his actions have inflicted pain and suffering on Steve's family. Not to mention that Steve is gone and that can never be undone.

Posted by: Anonymous on Jan 14, 2009 at 02:23 PM
You negligence apologists, take a hint from a US Marine vet and an experienced firearm handler collector. You always check any gun when you take possession of one, to make sure the chamber is clear. ALWAYS. Even if an armorer checks you out an "unloaded" gun, you keep it pointed in a safe direction and check it! Even if you just saw someone else check the chamber before they handed it to you, you still check it when you take possession of it. To do otherwise is negligent handling, NOT an accident. If you don't know how to handle a firearm safely, keep your mitts off of the thing.

Posted by: Anonymous on Jan 14, 2009 at 01:23 PM
This isn't about Shane, or how much of an "AMAZING" person he is. He's a murderer, plain and simple. So, you can get on here and defend him all you want, but the fact that he took someone's life, doesn't change. Yeah, the gun was passed around, but there was only ONE person that was stupid enough to PULL THE TRIGGER! I don't care if he has to live with guilt and shame for the rest of his life- that's what he deserves! And he deserves much more than 2 years probation and 100 hours community service. Getting on a message board and arguing isn't going to change the sentence, or bring Steve back and I realize that- but for people to try to make light of the situation and defend the killer is just ridiculous.

Posted by: To Concerned on Jan 14, 2009 at 12:00 PM
How can you say "that is the least amount of remorse I've ever seen on a murder's face"? Were you there at the courthouse when the ruling was given or are you just basing this statement on the video captured image above? Did you not see the video coverage of Shane speaking in court? Pretty sure he was showing a great deal of emotion. For anyone who knows Shane, this emotion wasn't because he was scared he might be going to jail... it was because he is deeply saddened over what happened.

Posted by: first hand knowledge on Jan 14, 2009 at 11:44 AM
for your guys' imformation Shane did not point the gun and then pull the trigger! The gun wasnt even loaded until steven and mitch (the owner of the gun) loaded it to show it was real. Shane walked into the room at the wrong time asked to see the gun, when he grabbed it from Mitch's hand it went off! If you had been there or seen the gun you would know that it was VERY old and didnt have a guard around the trigger that you have to stick your finger through. IT WAS AN ACCIDENT!

Posted by: Niecy on Jan 14, 2009 at 11:32 AM
WHAT! Probation you got to be kidding me! i promise the whole system as a whole is just screwed up. i bet if it was anybody else not saying any specifics they probably would have given him 1st degree murder with life in prison. this is ridiculas

Posted by: BoysTownKid on Jan 14, 2009 at 11:28 AM
LESSON LEARNED: never drink, do drugs, or handle a gun; do not hang with people that drink, do drugs, or handle guns. PERIOD! If you want to learn how to use a gun for hunting, join a hunting club or learn from a qualified hunter who is licensed to hunt and licensed to own and use a gun for hunting. If you want to learn how to use a gun as a weapon, join the police acadamy or Armed Forces and learn what guns as weapons are used for, how to take care of them, and how to use them to defend our streets and country. Guns and or weapons never ever go with alchohol, drugs, hunting, or defending our country. All guns must be controlled via locked down in a safe place where only the licensed owner can access. If these common sense rules can't be followed, we will lose our right to own any gun. We're well on our way to that as the majority of Americans don't even own or want guns, weapons, alchohol, drugs, and/or anything to do with them. Think straight! Be American! Learn! Ask for help if need.

Posted by: Anonymous on Jan 14, 2009 at 11:16 AM
I would like to address the person who wrote in as Shane's Side....how do you know Steve's parents hold nothing against Shane? What about Steve's brothers and other family members that were affected by his death as well? According to the news and other articles I have seen on this, Steve's brother was also at the party. Shane isn't the only person that has to live with seeing Steve after he was shot...Steve's own brother was there and has to live with this forever...in a different sense than anyone else does. Has anyone even given Steve's brother(s) any compassion or consideration? If anyone of you have siblings you know they are your best friends!! These boys not only lost a brother but a friend.

Posted by: Anonymous on Jan 14, 2009 at 10:51 AM
This case saddens me greatly. I don't think it is fair for the shooter to just walk away. How many hours has the victim's family spent grieving his loss. How many hours did they spend making phone calls and planning his funeral? How many hours did they spend raising money to pay for his funeral? I think the victim's family should appeal the judge's decision.

Posted by: shanes side on Jan 14, 2009 at 09:42 AM
Excuse me... whoever posted them self as "concerned" you make yourself sound like a stupid, arrogant horrible person! If you knew ANYTHING about this case you would know that Shane has nothing but guilt and remorse and he wouldnt change that feeling for anything! He holds himself accountable! And its not up to you to judge him. Its up to STEVE'S parents and they have been AMAZING and hold NOTHING against Shane!! As far as shane's "future" kids go. His wife is expecting a child and shane will be nothing short of an AMAZING dad! He has every intention to use this situation to steer his own kids as well as other people's kids away from alcohol and guns! I'm sure you drink... unfortunately it takes a serious accident to make some people quit. Your day will come! I'm sure you have already made plenty of mistakes in your lifetime. Shane is an amazing person and ANYONE who has ever came into contact with him knows it! If you dont know him or the ENTIRE situation-I'd suggest you stay out of IT

Posted by: Anonymous on Jan 14, 2009 at 08:07 AM
If Shane wasn't drinking when he chose to point a gun at someone and kill him....well in my opinion that makes it even worse. At least we know alcohol can impair your thought process and decision making....If he made this decision sober...well that scares me to death. Think about it!

Posted by: Bill on Jan 14, 2009 at 06:12 AM
If memory serves me right I thought that there was some controversy with this case because somebody at the party was hiding the casing of the bullet and hiding the gun itself. Was that taken into effect with this sentence? There is nothing that Shane could say to me if he had killed my son. It is not an accident when you take a gun, point it at somebody and pull the trigger....that is called murder!

Posted by: Cooper's Four Rules on Jan 13, 2009 at 11:16 PM
1. All guns are always loaded. 2. Never let the muzzle cover anything you are not willing to destroy. 3. Keep your finger off the trigger until your sights are on the target. 4. Always be sure of your target (and everything behind it).

Posted by: anonymous on Jan 13, 2009 at 05:00 PM
Drunk, just drinking or sober that does not matter. You do not pick up a firearm without the knowledge of the fact it can kill you or someone else if not handled properly, common sense lesson number 1 YOU ALWAYS HANDLE A FIREARM AS IF IT WAS LOADED AT ALL TIMES!!!! No matter the circumstance of whose gun it was it was in Shane's hands when the trigger was pulled. As far as everyone at the party handling this weapon that would show carelessness on thier part for not removing it from the situation and putting everyone's life at risk. Steve and his family tragically are the one who was dealt the reprecussion's of the irresponsibility of Shane pointing that gun at another human being A YOUNG LIFE that was taken unexpectedly due to his neglegence. In 2 years Steve will not be here and 100 hours is far less then the amount of time he will be missed that is infinite and will never go away. This ruling is a complete injustice.

Posted by: Concerned on Jan 13, 2009 at 04:41 PM
Wow, that is the least amount of remorse I've ever seen on a murder's face. The worst part is that this case is now on the books and other murder suspects will be able to use it to set precident for their trials. Wow, thanks for that legacy Shane, I hope any future kids you have are real proud of how their Dad managed to man up and face the consequences of his actions, way to teach them right from wrong.

Posted by: Facts First on Jan 13, 2009 at 03:08 PM
Everyone keeps saying he was drunk holding the gun. When actually he wasnt, so does that change the way you feel???

Posted by: Anonymous on Jan 13, 2009 at 03:06 PM
I would like to comment who really cares if Steve held the gun or if anyone else at this party held the gun. That is not the point. The point is that Shane held the gun and chose to point it at another person, and obviously pulled the trigger..resulting in the death of Steve. That's the point. If anyone else pulled the trigger it would have fired before it fell into Shane's hands. Shane is the only responsible or shall I say irresponsible enough to actually pull the trigger. I have never seen a gun nor do I want to. The absolute only thing I know about guns is....if you don't know anything about them keep your hands off of them. If you have never had a gun safety class you don't touch them. If you are drinking, you don't touch them. If you care about your life and the life of others...YOU DON'T TOUCH THEM!!! It is common sense. If you don't know how to drive do you getting behind the wheel of a car and risk your life and the life of others? Let's think about it?

Posted by: Anonymous on Jan 13, 2009 at 03:03 PM
There is something Shane can do. Something that will help him and teach others. Never ever drink alcohol, do drugs, and hang with guns. Stay away from people or crowds that associate with any of these things. Believe in yourself and thank God there is this type of commmitment you can make and then advance confidently showing others by examole. Yes, you can then live a healthy and productive life knowing this was an accident if you make your commitment to the mentioned, that will in itself prove to help you through all this. It is what good you can bring out of a tragedy. It is an opportunity for you to make a commitment that will keep you from tragedies like what you experienced here. Stay close to family and God and a few friends that will support you and your commitment. God will bless and you can get on with life if you, if you let go and make your commitment. Just do it!

Posted by: Anonymous on Jan 13, 2009 at 02:16 PM
This sentence suits the situation. The owner of the gun is the one who knew it was loaded and brought it out to a party full of drunk friends. No one would have thought, including Shane, that the gun would be loaded. Would you think your friend would randomly hand you a loaded gun? Shane was set up for failure and doesn't deserve jail time. He really is a good person. The owner of the gun, however, isn't a good person. He is the one who passed it around, lied to the police, and hid the gun. He still never came forward with an official statement and hid from the cops after they issued a warrant. He is the one that only cared about himself and has no respect for any of the lives he ruined. I would know.

Posted by: Dave on Jan 13, 2009 at 01:21 PM
sounds to me the sytem got one right this time but only time well tell

Posted by: Anonymous on Jan 13, 2009 at 12:44 PM
I am troubled and confused about the message this is sending to our society and children. This is a tragedy that has left two families in a situation of loss. Steve's family with a loved one missing i know nothing can bring him back or change what has happened ever! Shane's family has to suffer knowing another life was taken at thier son's hand. Lack of incarceration in this tragdey is sending a message to children and young adults everywhere that it is ok to play with firearms and be drunk and irresponsible. My parents have always taught me you have to answer for mistakes made by your choices in life. I feel as if this is not answering for that mistake just covering it up with a band aid leaving a faint scar as if it barely even happened. When in reality it well not only leave a scar upon Steve's family but a missing link and piece of thier hearts. Steve's death is so tragic and the court's ruling an even deeper tragedy for it is showing our children murder is ok if it is an accident!

Posted by: Anonymous on Jan 13, 2009 at 12:15 PM
Does the county attorney believe the shooter (Shane) thought the gun was the cigarette lighter or does he know? Was the decision for no jail time based on facts or guesses?? So let's see you can shoot and kill someone-accident or not-and walk away with a slap on the wrist? Nice! Very nice! What is wrong with this picture??? Seriously? How can you put such little merit on the life of a human being? If I was a parent I wouldn't want this guy teaching my kids about gun safety. Look little boy here is how you shot and kill someone and here is how you stay out of jail for doing it. NO THANKS! Not to mention only 100 hours...what is that? A walk in the park. Unbelieveable! The county attorney thinks it is wasteful of the taxpayers dollars to put him in jail...this taxpayer thinks a murderer belongs behind bars. Shame on the court system for not sentencing him to jail time. I pray that the victim (Steve's) family finds the strength to get through this awfully tragic time. God bless

Posted by: continued on Jan 13, 2009 at 11:04 AM
personally or if you werent at the party... I would suggest you keep your comments to yourself because you know NOTHING! I'm sure all of you have made a mistake- have driven above the speed limit, have driven after you drank, SOMETHING stupid... It could have had a bad outcome for you as well. Was his actions thoughtless- yes, but he knows that! He was curious about the gun just as Steven was who is who Shane grabbed the gun from! To the Hurd family- Nothing we could ever say or do can give you back what you have lost. Please know that as you struggle daily with this- we do too. Steven has forever changed our lives and we will ensure that his legacy lives on through this. We are so sorry for what has been accidentally taken from you. I can guarentee Shane will do ANYTHING at your request or in his POWER to help you in any way possible. Hearts and prayers are gone out to you daily. Love and blessings to both families involved!

Posted by: me on Jan 13, 2009 at 11:01 AM
except none of you were there, so none of you know what happened that night. why do you feel like you should judge shane or the life he lives? you dont think he feels terrible for this.. and if he didnt you think is hurds mom would be ok with his sentence? But she is... so doesnt that say something? They both were/are good people. dont judge.

Posted by: first entry on Jan 13, 2009 at 10:59 AM
For those of you who are commenting about Shane, I guarentee you know nothing about him. He is the most kind hearted person. He has sturggled with this EVERY day since it happened. He doesnt intend to "walk away" from this. He intends to make Steven's name live on by helping make sure the accident never happens again! He doesnt need to sit in jail in order to think about nothing else. HE ALREADY DOES THAT! His guilt is the biggest punishment he could ever have and that is something he never will nor does he EVER want to escape! He will NOT be "teaching" a gun safety class, if you want to comment-KNOW THE FACTS! He will be teaching and speaking on the effects of alcohol. His 100 hours just had to consist of either alcohol or gun safety! He will live out Steven's mom and dad's request to make sure something good come out of Steven's life. I guarentee he will do more than 100 hours and spend the rest of his life making sure this message is heard. For those of you who dont know Shane

Posted by: Butch on Jan 13, 2009 at 10:50 AM
This sentence is fine with me, however, the judge should have tacked on at least two years of jailtime for STUPIDITY!

Posted by: Breanna on Jan 13, 2009 at 08:47 AM
I am very disappointed with this sentence. I know people that have spent time in jail for much less. Probation is a joke and it's an even bigger joke that he will be teaching a gun safety class. I am not saying that he deserves to spend life in prison or anything like that, but he needs to sit in jail and have nothing to do except for to sit there and think about what he did and all of the people that he has affected in a negative way beacuse he decided to get drunk and play with a gun. Reading this article and finding out that he is just walking away with two years of probation makes me feel the way I felt when I first found out that Steve is gone- Very sad, empty and extremely disappointed.

Posted by: Kate on Jan 13, 2009 at 08:13 AM
To: Anonymous on Jan 12, 2009 at 09:38 PM What does OMAHA have anything to do with this?? It happened in CB... And the victim was from Plattsmouth with Shane being from Carter Lake... Omaha played no part...

Posted by: Jackie on Jan 13, 2009 at 03:44 AM
I know neither party but I'm sure that Shane will pay for this accidental shooting for the rest of his life. Jail doesn't solve all our problems, good kids make mistakes too. Who's gun was it? Maybe that is who needs to serve some time....My heart goes out to the Hurd family and mostly to the Mom who was understanding of the situation, that alone speaks a thousand words. Shane, give this mom some peace, make a difference in gun control, do something so what's happened to you and the Hurd family will not happen to someone else.......May God bless both families.

Posted by: Rich on Jan 13, 2009 at 12:16 AM
This is why I vote out Judges every chance I get.

Posted by: Anonymous on Jan 12, 2009 at 09:38 PM
You folks in the Omaha area seem to have many more problems with guns, robberies, and crime in general; than other metro area of similar size across the nation. Is it alchohol, attitudes, part of the culture or what?

Posted by: john on Jan 12, 2009 at 06:50 PM
I also feel for everyone involved. I grew up with shane and some family of the victim. Shane is a great kid. I really hope the family and friends of the victim know him, and feel the same way.

Posted by: Sarah on Jan 12, 2009 at 05:31 PM
So this kid gets to get drunk at a party and play with a gun, kill a KID, destroy an ENTIRE families world, and walk away with a misdemeanor.. that's cute. Real cute. Steve was the good kid, he wasn't even drinking at that party he was only there as a DD for his older brother.. if there is a lesson to be learned here I guess I'm completely missing it.

Posted by: Rick on Jan 12, 2009 at 04:57 PM
You have to be kidding me....i'd think at 23 he'd be wiser....with foresight, not hindsight....

Posted by: scotty on Jan 12, 2009 at 04:47 PM
how can a kid that accidentally shot his friend, teach a gun safety class?

Posted by: Anonymous on Jan 12, 2009 at 04:45 PM
I feel for everyone involved in this my brother grew up with Shane and it's sad because he is a good person..

Posted by: Anonymous on Jan 12, 2009 at 04:17 PM
Lack of incarceration in this case promotes disrespect for the law, in this case, gun laws. He should be serving jail time just like a drunk driver does for "accidentally" killing people while breaking the law.