Pierce County Man who Killed Two while Protecting his Marijuana Grow Sentenced to Seven Years in Prison

A Puyallup, Washington man who shot and killed two men who had entered the garage where he was growing marijuana, was sentenced today in U.S. District Court in Tacoma to seven years in prison and three years of supervised release for manufacturing marijuana and possession of a firearm in relation to a drug trafficking crime, announced U.S. Attorney Jenny A. Durkan.  JEREMY PETER CAPODANNO, 37, was arrested in April 2013.  Under the terms of the plea agreement, CAPODANNO is forfeiting nearly $670,000 in proceeds from the sale of two properties -- his Puyallup home and a second home in Kent, Washington.  CAPODANNO is also forfeiting a 2008 Mercedes, a 2008 Toyota pickup truck and five firearms seized at the crime scene.  At sentencing U.S. District Judge Ronald B. Leighton said Capodanno had “earned 84 months” in prison.  “There’s no excuse for you to do that, to set the conditions for the fire fight in your garage is inexcusable. . . the conditions were set, the fuse was lit, and the ravage began,” Judge Leighton said.

“This defendant knew the risks of drug dealing, and armed himself with multiple weapons to protect his business.  He invited violence to his child’s home and his community,” said U. S. Attorney Jenny A. Durkan.  “He acted as judge, jury and executioner for the two men who came to rip his illegal operation.  Our federal enforcement focus remains on those who bring violence and use firearms to protect illegal drug businesses.”

On December 6, 2012, CAPODANNO shot two people who had entered the garage of his Puyallup residence – killing both of them.  In the garage loft was a marijuana grow with nearly 200 plants.  When police officers arrived, they found CAPODANNO in possession of a Glock 17, 9mm semiautomatic pistol, which is the gun that CAPODANNO used to kill the two men.  While searching CAPODANNO’s truck, police found additional marijuana as well as other weapons including a Bushmaster XM-15 assault rifle; an Intratec Tec-9 9mm pistol; a Benelli 12 gauge tactical shotgun; and a Professional Ordinance MDL Carbon 15.

Writing to the court, prosecutors described how CAPODANNO left the house (with his minor son still inside), while he took his gun and circled around the side of the house and fired back into the house through a window likely killing one of the intruders.  CAPODANNO is seen on the surveillance system he installed carefully aiming and shooting through the window.  Evidence retrieved at the scene indicates CAPODANNO then went into the garage and continued to fire more than a dozen shots at the two men, killing both.

CAPODANNO “is a long-time drug trafficker, selling large amounts of marijuana for over a decade.  Based on the assets he accumulated, his illegal activity was quite lucrative, letting him live a lifestyle that included expensive real estate, high-powered ski boats, motorcycles, luxury vehicles, and other assets.  Unfortunately, like so many drug dealers, he also possessed a number of firearms.  Unfortunately his vocation also led, as it often does, to violence and death,” prosecutors wrote in their sentencing memo.

The case was investigated by the Drug Enforcement Administration (DEA), the Pierce County Sheriff’s Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the U.S. Marshals Service (USMS).  The case is being prosecuted by Assistant United States Attorneys Vince Lombardi and Matthew Thomas.