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Authorities Will Seek Death Penalty for Alleged Killer of Vallejo Cop

Henry Albert Smith Jr., 39, is charged with killing Vallejo Police Officer James Capoot.

By Bay City News

The Solano County District Attorney's Office is seeking the death penalty for the Fairfield man charged with killing Vallejo police Officer James Capoot in November 2011.

Deputy District Attorney Karen Jensen made the announcement Friday morning in Solano County Superior Court, where , re-entered a not guilty plea to Capoot's murder on Nov. 17, 2011, and denied several special circumstances that subject him to capital punishment.

Smith was held to answer to the murder and special circumstances after a preliminary hearing last November.

The special circumstances allege that Smith killed Capoot during the performance of the officer's duties, he knew or should have known Capoot was a police officer, killed Capoot by lying in wait, while fleeing police after committing a robbery, and to avoid arrest.

Smith's trial date will be set on May 10, Jensen said Friday morning.

Smith is charged with fatally shooting Capoot, a 19-year veteran of the Vallejo Police Department who chased him in the 100 block of Janice Street after a robbery at a nearby Bank of America.

Capoot and Smith were about 10 to 12 feet apart when Smith allegedly fired two or three shots, police said. Capoot was wearing body armor but suffered a mortal wound in the back, Sgt. Jeff Bassett said.

Smith was arrested as he tried to break into a nearby home, police said.

Capoot, 45, a Vacaville resident, succumbed to his injuries at a hospital. An estimated 4,000 people attended his memorial service at Vallejo High School's Corbus Field.

Joe Feltcher February 15, 2013 at 08:20 PM
Vallejo....
Kenny February 15, 2013 at 09:15 PM
I can't believe this has taken this long. The family of Officer Capoot have to relive this ordeal yet some more. My prayers are with them.
Solano County February 15, 2013 at 09:15 PM
There is no purpose to the death penalty except to instill fear. A justice system should be respected ---not feared. False justice in Solano County ( http://www.solanofamilycourt.com/ )is tied to politics and is self-serving. The justice system would be http://www.solanofamilycourt.com/better served using the money in other ways. But the decision just shows that behind close doors we have a bunch of corrupt emotional and self-serving people in the district attorney's office--eager to score political points and headlines--eager to make a political career or beef up their resume. Look at the dates of the crime---there is no deterrent value to a death penalty. This is about politics in the district attorney's office--plain and simple.
"The Black Panther of Poetry" February 15, 2013 at 09:26 PM
The Death Penalty should be ABOLISHED because it is racially bias, unjust and cruel and inhumane punishment!!
Michelle Kye February 15, 2013 at 10:57 PM
I'm opposed to the death penalty also but I don't think this is the right forum for this discussion. The death of Officer Capoot was devastating to his family, friends, and the community.
MICHAEL P WILSON "Independent Kid" February 15, 2013 at 11:10 PM
Racially bias organizations should be abolished.
Joe Feltcher February 15, 2013 at 11:18 PM
It is "racially biased' because blacks commit the VAST majority of the crimes that are eligible for it.
Joe Feltcher February 15, 2013 at 11:19 PM
Like the ACLU? NAACP? UNCF? AGREED!
Joe Feltcher February 15, 2013 at 11:20 PM
Maybe your prayers would have been better served the day of the shooting? Did God take that afternoon off?
leon johnson February 15, 2013 at 11:36 PM
on October 31st of the same year ,this individual attempted to make off with my wallet I had placed in a cart while shopping at the Vallejo target . I chased him down and retrieved it before he exited the store ,he was wearing a large overcoat ,I often wonder if he was packing then . He is from Fairfield, by the way .
Joe Feltcher February 15, 2013 at 11:40 PM
I went to the Vallejo Target about a year and a half ago and haven't been back. The parking lot is full of con artists claiming they are 'deaf' and need help and dudes selling cologne. I pay the $5 and cross the bridge to Pleasant Hill now. Other than Home Depot and Costco, I do no business in Vallejo anymore.
leon johnson February 15, 2013 at 11:40 PM
I consistently vote against the death penalty however , as they say in the penitentiary "he's got nothin coming ".
MICHAEL P WILSON "Independent Kid" February 15, 2013 at 11:45 PM
How about the Guy with the car out of gas?
Pamela Schemke February 16, 2013 at 12:48 AM
It is truly sad that a young police officer of 45 protecting our mean streets lost his life and a family lost their father, husband, brother... The time to be concerned about the perpetrator is before a crime is committed. Once he takes a life, he must face whatever punishment society considers appropriate. He imposed the death penalty for Officer James Capoot. There was no discussion, no judge, just disregard for life.
Pamela Schemke February 16, 2013 at 12:50 AM
So true, Leon Johnson
Cody Kitaura (Editor) February 16, 2013 at 12:51 AM
Hi, I'd like to remind everyone to please refrain from personal attacks and keep your comments civil. Thanks.
Joe Feltcher February 16, 2013 at 01:12 AM
Amen Leon.
Pamela Schemke February 16, 2013 at 03:56 AM
I am sorry you feel that way. Nothing could be further from truth than your evaluation of dialogue concerning the loss of life of a policeman. There is nothing racist about it.
Joe Feltcher February 16, 2013 at 05:01 AM
http://en.wikipedia.org/wiki/Capital_punishment_in_California#Executions_after_1976 Bobbie. THREE of those THIRTEEN men were black. Now STFU.

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