A Fairfield man charged with the gunshot slaying of a Vallejo police officer following a bank robbery earlier this month pleaded not guilty Tuesday in Solano County Superior Court in Fairfield.
Henry Albert Smith Jr. did not speak as his court-appointed attorney entered a plea of not guilty to a charge of homicide including special circumstances in connection with the shooting death of 19-year veteran Officer Jim Capoot. The charges make Smith, 37, eligible for the death penalty.
Superior Court Judge Peter B. Foor initially assigned the case to Judge Harry S. Kinnicutt for all further proceedings, however, Chief Deputy Public Defender Oscar J. Bobrow quickly disqualified Kinnicutt on the grounds that he was prejudiced against the interests of his client. Foor accepted the disqualification and decided to hear all future matters in his courtroom.
Smith was arrested on the afternoon of Nov. 17, shortly after police say he robbed the Bank of America branch on Springs Road in Vallejo. After the robbery, he led officers on a high-speed pursuit that ended minutes later, when his vehicle was stopped by Capoot in the 100 block of Janice Street.
After a brief foot pursuit in the residential neighborhood, police said Smith allegedly shot Capoot, killing the 45-year-old Vacaville man, a former Marine. Capoot did not fire his weapon, police said. The Solano County Coroner's Office on Friday confirmed the cause of death to be a gunshot wound to the body but declined to
give any further details.
Last week, the Solano County District Attorney's office charged Smith with one count of murder including four special circumstances. The special circumstances allege Smith murdered a peace officer who was engaged in the performance of his duties, and that Smith knew or reasonably should have known Capoot was a peace officer; the murder was committed during the commission, or immediate flight, after committing a robbery; the murder was committed for the purpose of avoiding arrest or preventing arrest; and that he intentionally killed Capoot by means of lying in wait.
The special circumstance allegations, if found true by a jury, would subject Smith to a penalty of either life in prison without possibility of parole or the death penalty. Prosecutors have yet to make a decision on whether to seek the death penalty.
Smith is also charged with having personally and intentionally discharged a firearm during the commission of murder, being a felon in possession of a firearm and having a prior serious felony, or "strike" conviction.
He is due back in court Thursday, when Foor is expected to rule on a proposed gag order filed by prosecutors. Foor further set 8:30 a.m. on Jan. 31 for a readiness conference and the setting of a preliminary hearing date.
A public memorial service for Capoot will be held at 11 a.m. today at Vallejo High School's Corbus Field, 840 Nebraska St.
The Vallejo Police Officers Association has also set up a memorial fund for Capoot's wife and three daughters at Bank of the West.
Checks can be made out to the Officer James Capoot Family Trust, c/o Vallejo Police Officers Association (Sgt. Mark Nicol), P.O. Box 4218, Vallejo, CA 94590.
Copyright 2011 - The Reporter, Vacaville, Calif.
McClatchy-Tribune News Service
