Suspect pleads not guilty in shooting of Vallejo police officer

The man charged with fatally shooting a Vallejo police officer while fleeing from a bank robbery pleaded not guilty Tuesday to capital murder charges.


Henry Albert Smith Jr., 37, appeared in Solano County Superior Court in Fairfield on charges that he killed Officer James Capoot in a Vallejo neighborhood Nov. 17 moments after robbing a bank and leading police on a chase.


Smith's attorney, Chief Deputy Public Defender Oscar Bobrow, entered pleas of not guilty to murder with four special circumstances: murder of a peace officer, murder in the commission of a robbery, murder to avoid arrest and murder by means of lying in wait.


If convicted of any special circumstance, Smith could face life in prison without the possibility of parole or the death penalty. Prosecutors will decide later whether to seek lethal injection.


Smith, a Fairfield resident who has previous gun convictions, also pleaded not guilty to being a felon in possession of a gun. He has served time in prison for gun violations.


Smith did not say anything during Tuesday's brief hearing. He is being held without bail and will return to court Jan. 31.


Smith allegedly robbed the Bank of America on Springs Road in Vallejo and led officers on a high-speed chase to Janice Street, about 5 miles away. There, the 45-year-old Capoot used his patrol car to spin the suspect's sport utility vehicle to a stop.


Smith ran into a backyard, where he shot and killed Capoot, authorities said. Other officers soon arrived and arrested Smith.


Smith was arrested on the afternoon of Nov. 17, shortly after police say he robbed the Bank of America branch on Springs Road in Vallejo. After the robbery, he led officers on a high-speed pursuit that ended minutes later when his vehicle was stopped by Capoot near the 100 block of Janice Street.


After a brief foot pursuit in the residential neighborhood, police said Smith allegedly shot Capoot, killing the 45-year-old Vacaville man, a former Marine and 19-year veteran of the Vallejo police force. Capoot did not fire his weapon, police said.


Smith was ordered back to court Thursday, when Superior Court Judge Peter B. Foor is expected to rule on a proposed gag order filed by prosecutors.


Smith's attorney, Solano County Chief Deputy Public Defender Oscar Bobrow, has raised concerns in court about Smith getting a fair trial due to media coverage of the case.