Capobianco Hearing Delayed, Outstanding Criminal Cases Nearing Settlement
A restitution hearing that was scheduled for Thursday in the State v Capobianco case has been continued to May 23, 2017. Maui Chief Judge Joseph Cardoza granted the request, which was sought by both the prosecution and defense.
Capobianco was found guilty of killing his pregnant ex-girlfriend, Carly “Charli” Scott, who went missing in February of 2014.
Capobianco was sentenced on March 24, 2017, to life in prison with the possibility of parole for the second degree murder charge. He was also sentenced to a maximum period of a 10 year term for the offense of arson in the second degree for setting her vehicle on fire, to be served consecutively.
Yesterday’s restitution hearing was planned to address a more than $3,500 claim for Scott’s vehicle, computer and cell phone. During sentencing earlier this year, the defense had argued that the blue book value of Scott’s vehicle was not “excellent” and claimed her computer had never been evidenced as being involved in the crime.
In requesting a continuance, Defense Attorney Jon Apo said Thursday that he is very close to wrapping up all of Capobianco’s remaining criminal cases.
Outstanding criminal cases involving Capobianco include: charges for carrying a deadly weapon HRS 134-51(a) which he pleaded not guilty to in July 2014; first degree burglary HRS 708-810(1)(c) and two counts of second degree theft, which he pleaded not guilty to in June of 2014; and promotion of prison contraband HRS 710-1023(1)(b).
During sentencing, Judge Cardoza noted that restitution is punitive in nature, and is not dischargable in bankruptcy should there be one.
At the time, Judge Cardoza also noted that the court was recommending a 70 year minimum term, but said the Hawaiʻi Paroling Authority would ultimately decide the minimum term of imprisonment. That discussion is supposed to happen within six months of the March 2017 sentencing and will include the presence of Scott’s family who will be able to present their thoughts on the matter.