DUI Maiming: Capomaccio Convicted!

The Event

In the early morning hours of September 18, 2019, the Virginia State Police responded to a horrific wreck on the Route 29 Bypass. A vehicle that was being operated by the Defendant, Michael Capomaccio, was driving northbound in the southbound lane and struck a vehicle driven by the our victim in the case head-on. Our victim was ejected from the vehicle and his vehicle caught on fire. Given the serious nature of the injuries, both parties were evacuated to area hospitals.

The defendant was taken to UVA and was treated at that facility. Due to the circumstances, law enforcement was not able to conduct any field sobriety tests or observations to determine if alcohol was a factor. It was determined through hospital testing about an hour after the event that he did have alcohol in his system when he arrived.

After extensive medical care and treatment, our victim unfortunately lost his leg. Since both parties were undergoing medical care which required hospitalization for both, this case was delayed from going forward. In the following months, the Covid-19 pandemic would grind the criminal justice system to a halt and further delayed getting this defendant that resided out of state brought to justice in Virginia. 

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Charged!

On May 5, 2021, the Commonwealth's Attorney's Office approved charge on Michael Capomaccio. The defendant was released on bond and was allowed to stay at this home in New York. During the pendency of these matters, his initial attorney became sick and passed away, again delaying the court process. This charge was certified to the grand jury on February 17, 2022.  It was heard by the Grand Jury in June of that year and indictments were presented against the defendant.

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Convicted!

A toxicologist with the Department of Forensic Science was called upon to examine the blood results generated by the hospital and attempt to determine the level of blood alcohol in his system at the time of the driving. The estimated blood alcohol level range would have put him just under the presumptive .08 level in Virginia. The defendant intended to present evidence of prior traumatic brain injury and not knowing his surroundings as a possible defense to a jury.

After some continuances by the Defendant, this case was set for a Jury Trial. Since this case was not presumptive, a charge agreement was offered that Defendant could plead to the Class 6 version of Felony DUI Maiming. On November 13, 2023, the Defendant pled guilty to Felony DUI Maiming, which is punishable by a maximum sentence of 5 years with no agreement as to the sentence. A sentencing hearing was scheduled for April 8, 2024, but was continued twice by the Defendant to August 6, 2024.

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Sentenced!

At the sentencing, Assistant Commonwealth's Attorney Adam Stanley presented evidence to the Court of Mr. Capomaccio's prior DUI convictions, including one which occured after this case began. The victim testified that his way of life and his entire world was turned upside down due to the actions of this defendant. He asked for justice, and the Judge returned a sentence of 5 years with 3 of those years suspended, leaving an active 2 year sentence. Mr. Capomaccio will then be on 5 years of good behavior and 2 years of supervised probation. The Commonwealth's Attorney's Office was pleased to achieve a result that will keep this serial drunk driver off the road for several years.