{Lexington, Kentucky}...Monday, U.S. District Judge Joseph M. Hood set a September 4th sentencing date in federal court in Lexington for 39 year old Derek A. Capozzi. Capozzi had been moved from a Maryland prison to the Grayson County Detention Center because he was a witness in a federal case in London.
During a brief hearing Monday, Capozzi admitted to kicking out the doors of a jail transport van carrying prisoners in Woodford County on April 15, 2010. He spent three days on the lam before being captured in Versailles. Capozzi claims he escaped to seek medical care for a heart condition. Judge Hood rejected the claim and barred its use in any trial. Capozzi's attorney, Steven Milner of Lexington, says the U.S. 6th Circuit Court of Appeals will be asked to reverse Hood's decisions. Capozzi is in prison for his role in the 1996 killing and dismemberment of 19 year old Aislin Silva in Massachusetts in what prosecutors described as a Mafia-related killing. Capozzi faces a maximum of five years in prison, a $250,000 fine and three years supervised release.
