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Family Wants Charges Upgraded in Shooting

Kandiss Crone

Family Wants Charges Upgraded in Shooting

CREATED Feb. 5, 2013

Omaha, NE - Nick Gordon never imagined a friendly wrestling match between his brother Paul and his best friend would turn tragic. "All of a sudden all we hear is a gunshot, everybody's ears started ringing," Nick Gordon said. 

Nick Gordon says Paul and Michael Overgaard were just playing around in Overgaard's basement early Saturday morning. Minutes later, Gordon says Overgaard grabbed an SKS 45 rifle and shot his brother in the stomach. The bullet grazed Gordon's hand, but his brother's injuries were far more serious. "My brother ran up the stairs and just collapsed, Haley clotted up the blood with a towel or a rag."
Police arrested Overgaard on suspicion of first degree assault. On Monday, prosecutors reduced the charge to second degree assault. Overgaard posted 10% of his $50,000 bail and walked out of jail.
"I don't believe it's right for him to be out already. He needs to be in there thinking about what he did," Brandy Gordon said.
Brandy Gordon says her brother had a hole in his stomach and could be in the hospital for two weeks.
The county attorney handling the case says those injuries, could force prosecutors to upgrade the charges to first degree assault.
Overgaard told KMTV Action 3 News he's filled with remorse and the shooting was an accident.
The victim's family says they can't understand why the shooting happened. "I do want to know what was going through his head. How he could think to shoot his best friend. I mean no matter how upset you were, why you would," Brandy Gordon said.
Overgaard is scheduled to appear at a preliminary hearing February 22nd.