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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.

Pamela Schemke February 16, 2013 at 12:50 AM
So true, Leon Johnson
Cody Kitaura 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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