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The Lancaster County Attorney's Office has filed notice of aggravators, the first formal indication it will seek the death penalty against Christopher Johnson for Terrell Jones' and Carlos Silva's killings.

The last time the Lancaster County Attorney’s Office sought the death penalty was against David Dunster for the 1997 murder of Larry Witt.

Police say Johnson was caught on security video at the night club shooting them outside The Office early May 25, hours after having an argument with Jones. 

After his case was moved to district court, Johnson's attorneys, Rob Kortus and Tim Noerrlinger with the Nebraska Commission on Public Advocacy, asked the judge who had been randomly assigned to the case to recuse himself, because his bailiff was listed as a witness and was believed to have been at the scene.

District Judge Kevin McManaman granted the motion, which led it to be reassigned to District Judge Matthew Mellor.

In court Thursday, Noerrlinger asked him to recuse himself and all other judges in the judicial district, which consists solely of Lancaster County, given how closely they and their staff work. 

"If there is a relationship that exists, merely professionally, ... whether the court is impartial or not it causes the question by the public of that close working relationship being something that could affect the court," he argued.

Chief Deputy County Attorney Chris Turner opposed the motion, saying it was an insufficient basis to find that a reasonable person would believe the court could not be impartial. 

Mellor took the matter under advisement.

Johnson stands accused of two counts of first-degree murder, two counts of use of a firearm to commit the murders and possession of a firearm by a prohibited person.

All of the charges have been filed with a habitual criminal enhancement that carry mandatory minimum prison terms, if he's convicted.

Turner alleged four aggravators: that Johnson has a substantial prior history of serious assaultive or terrorizing criminal activity; that Jones' murder was "especially heinous, atrocious, cruel or manifested exceptional depravity;" that Johnson committed multiple murders; and that Johnson created a great risk of death to several others.

At a preliminary hearing, the lead police investigator said video at the club showed Johnson pull up with Darious Fletcher at 12:23 a.m., about an hour before Silva arrived in a Jeep with Jones and two others.

Police say roughly a half an hour later Johnson shot Silva five times from close range near the door of the club, then turned to Jones, firing two or three times at him as he sat in the driver's seat of the Jeep, then six more times after he got out and tried to get away.

In all, police found 15 casings at the scene. They said they observed no weapons on the victims or visible threats from them on the video.

Investigators tracked Johnson to Omaha, where they arrested him May 28 in a wooded area.

Fletcher, who is accused of taking the gun and driving Johnson away, is accused of being an accessory to the murders.