OHS grad faces vehicular homicide charges
June 11, 2008 · Updated 11:55 AM
Former Bremerton resident Robert Capogna was charged with two counts of vehicular homicide in the deaths of his 21-year-old Olympic High School classmates Derek Murphy and Joshua Isley in King County Superior Court Tuesday, April 9.
Capogna, 20, could face a prison sentence of 41-54 months if convicted.
He is scheduled to be arraigned at 8:30 a.m. Monday, April 15, in King County Superior Court. Prosecutors will request his bail be set at $20,000.
The charges stem from an automobile accident that occurred at about 2 a.m. Feb. 15.
According to Kirkland Police Officer Mike Murray, the three men had been drinking at a Seattle nightclub with another unidentified friend and were headed to the Kirkland home shared by Capogna and Isley.
Capogna, a 20-year-old University of Washington student, told police he used a fake Maryland drivers license, purchased via the Internet, to get into the University District nightclub.
He told authorities he consumed four or five glasses of beer during the evening, which probably impaired his ability to drive. The state toxicology lab placed Capognas blood alcohol count at 0.08 percent, according to prosecutors, four times the limit for minors.
Officers reported smelling alcohol in the car and on Capognas breath when they pulled him out of his car.
Court documents allege Capogna was driving his new Nissan sedan at nearly 100 mph when he failed to negotiate a curve which has a posted speed limit of 25 mph.
The vehicle slid off the road and struck a curb. The car rolled as it went airborne down a 60-foot embankment, struck several trees and came to a halt upside down in an apartment complex parking lot.
Murphy and Isley were ejected from the car and pronounced dead at the scene by the King County Medical Examiners Office. Neither man was wearing a seat belt.
Capogna was found upside down in the car, still wearing his seatbelt, when Kirkland Police officers arrived at the scene. He suffered minor injuries.
Murphy had recently moved to West Seattle from Tracyton to be closer to his job. Isley was a student at Shoreline Community College.