Businessman Given Absolute Discharge

February 14, 2012

Appearing in Magistrates Court yesterday, [Feb.13], 48-year-old businessman Barry Capuano received an Absolute Discharge after pleading guilty to a charge of using threatening behaviour to Police who had been called to his Somerset home earlier this month.

The Court heard that the Police had responded to a call from his residence and on arrival were met by Mr Capuano who was on his verandah, armed with a pick handle, which he was using to threaten the responding Police officers. Mr Capuano told the Police to: “…get the f— off my property…. I’ll f— you up…”

Police used Captor spray to subdue Mr Capuano after which they handcuffed him and took him into custody.

His lawyer Timothy Marshall told Senior Magistrate Archie Warner that Mr Capuano had been under great stress that had been created by the anticipation of having to deal with the ‘bank’ and his financial commitments as a businessman.

Mr Marshall said that Mr Capuano’s businesses had greatly suffered because of Bermuda’s economic downturn, that it was difficult to make ends meet, and that he was under tremendous financial pressure. Mr Marshall said that Mr Capuano had suffered a breakdown as a result of dealing with all these stresses.

Mr Marshall said that the call to the Police had been placed by Mr Capuano himself but that by the time the Police arrived, and as a result of his having been drinking, he was out of control and unaware of his actions. He wanted the arriving Police to go away and he dealt with that inappropriately.

Mr Marshall said that Mr Capuano was feeling remorseful, deeply embarrassed and was also now in a counseling program. Further, he said that he had never before been in Court as a defendant in any criminal matter.

Noting that the offence could be dealt with by a fine of up to $2,800 and/or up to six months in prison, and that it had happened on Mr Capuano’s own private property, the Senior Magistrate ruled that in all the circumstances and considering all the evidence that had been tendered, the matter could be dealt with by way of an Absolute Discharge.

The Magistrate pointed out that a Conditional Discharge would likely come with a condition that counseling should be sought, but that since this was already in place, there was no point in further burdening the public purse with a needless condition.

Magistrate Warner’s parting comment was that Mr Capuano was fortunate that this whole action had taken place in daylight. The Magistrate suggested that under current operational conditions, Police might have possibly reacted even more strongly had the action occurred in darkness; and there could have been a different outcome.

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Comments (14)

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  1. Voice of Reason says:

    Hmmm.. So businessmen can F off police, but let someone on the block do it….


  2. jr says:

    in capital letters “PLEASE!!!!!!!!!”

  3. Rob says:

    Damn… you know you are drunk when you call the police on yourself

  4. Tuba says:

    Should have tasered him……

  5. k says:

    should have a ‘bermudas dumbest criminals’ show here !!!!!!

  6. Truth is killing' me... says:

    Dealing with the bank will always do it!!!

  7. Vote for Me says:

    Unfortunately, this is another example of how the justice system is seen to be unequal. How many other Bermudians are feeling stressed by the current economic climate and acting out inappropriately?

    If they come into contact with the police for any reason there are more serious consequences. It is also curious that he called the police himself!!

    • Positive in 2012! says:

      I agree. So he is having a tough time as a businessman…so what! That is no excuse to treaten anyone. The Police did their job…it is those at the next level that are letting the crimals off. As the arresting officer I would be pissed off at this slap in the face! The Police did their job here, it is the justice SYSTEM that let us down.

  8. joeshmo says:

    …rich white business man… calls police.. for no apparent reason…threatens police andddddd… GOES FREE… i recall a young lady (light brown :P ) who was drunk on a friday night and said to a cop “why are you all here on f’n frontstreet..go do your f’n job.. right now a robbery or shooting could be taking place.. and the cop said go or you will be arrested and she said “o hell no f’ that shit and she was arrested.. went court annnnnnnd got 5g fine…. hmmmm no direct threats to the police orrr “pick handle” and didnt need to use the captor spray…

  9. Positive in 2012! says:

    Lots of black Bermudians getting off these days as well! And some for some pretty serious crimes so blame the judge, not the police here and stop trying to put a racial twist on this. The woman you spoke of ..should have been arrested and charged, as I have been myself before for acting the same way while under the influence. I agree that that this businessman should have been charged and not let off. Don’t blame the police for doing their job…blame the judges for not acting fairly and treating everyone the same.

  10. jt says:

    Same outcome as Larry Marshall Senior incident. No different.

  11. betty Rech says:

    aaahhh poor site…. when you are a Mr. Show off and you think no one is better then you… trying to impress – you will fall.

  12. Tommy Chong says:

    I feel no sympathy for Barry Capuano & its a shame on the judicial system here that he got such a slight fine when others in blue collar positions don’t. Mr. Capuano’s CapCar Accounting Solutions has assisted in getting foreign worker’s relatives accounting jobs here over Bermudians & should get no deals from Banks in Bermuda.