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Date: 09-29-2020
Case Style:
Case Number: 2:18-cr-00055-KJM
Judge: Kimberly J. Mueller
Court: United States District Court for the Eastern District of California (Sacramento County)
Plaintiff's Attorney: United States District Attorney’s Office, Sacramento, California
Defendant's Attorney:
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Description: Sacramento, California criminal defense lawyer represented defendant charged with conspiracy and malicious use of explosive materials.
According to court documents, Thomas Wayne Capenhurst, age 33, offered to pay co-defendant Robert McGraw and another man $10,000 each to place pipe bombs at his brother’s house in Suisun City.
According to the plea agreement, on Feb. 17, 2018, McGraw walked to the front door of a home on Blue Jay Drive in Suisun City, just before 1:00 a.m., and set one of the pipe bombs on the front porch. He lit the fuse and then ran. Afterwards, the pipe bomb detonated and blew the front door off its hinges. Pieces of metal shrapnel were lodged in the home’s exterior walls, and windows were broken nearby. Court documents state that a family of five was active inside the home, having just returned from a trip to the Bay Area.
This case is the product of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation’s Solano County Violent Crimes Task Force, and the Suisun City Police Department. Special assistance was provided by the Dixon Police Department, Fairfield Police Department, Vacaville Police Department, Vallejo Police Department, Benicia Police Department, the Solano County Sheriff’s Office, and the California Highway Patrol. Assistant U.S. Attorney Ross Pearson is prosecuting the case.
A status conference has been set for McGraw on Oct. 5. Capenhurst is scheduled to be sentenced by U.S. District Judge Kimberley J. Mueller on Jan. 4, 2021. He faces a penalty of not less than five years, and up to 20 years, in prison, and a $250,000 fine for malicious use of explosive materials, and a maximum penalty of five years in prison and a $250,000 fine for conspiracy. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
CONSPIRACY
(1)
MALICIOUS USE OF EXPLOSIVE MATERIALS
(2)
Outcome: 09/28/2020 80 PLEA AGREEMENT as to Thomas Wayne Capenhurst. This action involves victims and restitution. The US Attorney shall serve the victim restitution spreadsheet on Probation within 14 days of the entry of plea. Attorney Pearson, Ross added. (Pearson, Ross) (Entered: 09/28/2020)
09/28/2020 81 MINUTES for CHANGE of PLEA HEARING, as to Thomas Wayne Capenhurst, held via video conference before Chief District Judge Kimberly J. Mueller on 9/28/2020. Government Counsel, Ross Pearson, present. Defense Counsel, Tim Pori, present. Defendant present, in custody. The parties confirmed their desire to proceed with these proceedings via video conference. After discussion with the parties and with the consent of the defendant, the court found that in light of the coronavirus (COVID-19) pandemic and pursuant to the CARES Act, the use of videoconferencing to conduct these proceedings is in the interest of justice. A signed Plea Agreement was presented to the court in anticipation of this hearing with the understanding the prosecutor would file it following the proceedings. The defendant was sworn. After the plea colloquy, the court ENTERED the defendant's GUILTY PLEAS to Counts 1 and 2 of the Indictment, ECF No. 12 , and ADJUDGED the defendant guilty. The matter was REFERRED to probation for preparation of a Presentence Report. With the understanding that the parties intend to call witnesses at the sentencing hearing, the Sentencing Hearing was SPECIALLY SET for 1/4/2021 at 1:30 PM. The parties estimate the hearing will take approximately three (3) hours. Court Reporter: Tiphanne Crowe. (Text Only Entry) (Schultz, C) (Entered: 09/28/2020)
09/28/2020 82 SCHEDULE of DISCLOSURE for PSR as to Thomas Wayne Capenhurst. Plea Date: *9/28/2020* Sentencing Date: *1/4/2021* Reply Date: *12/28/2020*** Correction Date: *12/21/2020* Report Date: *12/14/2020* Objection Date: *12/7/2020* Proposed Date: *11/23/2020* Copies: *AUSA - Defense Counsel - USPO* (Schultz, C) (Entered: 09/28/2020)
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