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Date: 06-08-2023
Case Style:
Case Number: 1:23-cr-00059
Judge: Susan P. Watters
Court: United States District Court for the District of Montana (Yellowstone County)
Plaintiff's Attorney: United States Attorney’s Office in Billings
Defendant's Attorney:
Description: Billing, Montana criminal defense lawyer represented Defendant charged with illegally possessed firearms and ammunition after law enforcement found 35 firearms and thousands of rounds of ammunition in his residence.
On August 2022, members of the Billings Police Department’s Street Crimes Unit were surveilling a residence in Laurel when Nicholas Steven Capella, 38, and another person left the house and got into a vehicle that was parked outside. Capella had a pistol holstered on his hip. Officers converged on the vehicle, placed Capella and the other person in custody and advised them of their rights. A search warrant was executed at the residence. During the search, Capella agreed to open a gun safe, which contained a large cache of firearms. Law enforcement seized 35 firearms and thousands of rounds of ammunition. Capella was prohibited of possessing firearms because of felony convictions in Washington.
Assistant U.S. Attorney Colin M. Rubich is prosecuting the case. The Billings Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
18:922G.F PROHIBITED PERSON IN POSSESSION OF A FIREARM AND AMMUNITION; FORFEITURE ALLEGATION
(1)
Outcome: 06/08/2023 21 NOTICE of Student Participation by USA as to Nicholas Steven Capella (Attachments: # 1 Exhibit Form J, # 2 Exhibit Form K, # 3 Exhibit Form L) (Dake, Bryan) (Entered: 06/08/2023)
06/08/2023 22 MINUTE ENTRY for proceedings held before Magistrate Judge Timothy J. Cavan: Change of Plea Hearing as to Nicholas Steven Capella held on 6/8/2023. FD Gillian Gosch appearing with in-custody defendant; AUSA Colin Rubich and student participant, Leann Olmo appearing for the govt. Deft consents to USMJ. No PA. Deft sworn in and answers standard questions given by the court; deft advised of his rights, rights waived and lost, and max penalties. Govt reads the elements and offer of proof into the record. The deft states guilt. The Court finds the deft competent to enter plea. Deft understands charges, penalties, and rights forfeited. Deft enters a GUILTY plea to Count 1 of the Indictment. The Court to recommend that Judge Watters accept the guilty plea. Deft advised of the 14 day objection deadline. Deft advised of the PSR procedure. Deft is detained pending sentencing.Hearing commenced at 9:47 a.m. and concluded at 10:06 a.m. (Court Reporter FTR Gold) (USPO: Molly Gasiewicz), (Hearing held in Big Horn Courtroom - Billings) (JDH) (Entered: 06/08/2023)
06/08/2023 23 FINDINGS AND RECOMMENDATIONS on Plea of Guilty as to Nicholas Steven Capella. Signed by Magistrate Judge Timothy J. Cavan on 6/8/2023. (JDH) (Entered: 06/08/2023)
Plaintiff's Experts:
Defendant's Experts:
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