LATAH COUNTY, Wash. -- The Latah County Prosecutor will not seek the death penalty for Charles Capone and David Stone if they are convicted of murder. Both men are charged with the death of Rachael Anderson, 40.
Capone is Anderson's estranged husband. He is charged with first degree murder for the 2010 death of Anderson.
Capone's estranged wife vanished in April 16th, 2010 as the couple was preparing to divorce.
Court documents stated that Capone murdered Anderson with the abatement of David Christopher Stone, 49. Authorities arrested Stone Wednesday. Stone and Capone both faced a judge in Latah County the same afternoon.
Capone and Stone were charged with principal to murder in the first degree, conspiracy to commit murder in the first degree, failure to notify coroner or law enforcement of death, conspiracy to commit failure to notify coroner or law enforcement of death according to court records.
Investigators wrote that Stone and Capone conspired from January 2010 to April 2010 to murder Anderson. Documents alleged that Capone and Stone stalked, and followed the victim.
The couple separated on December 27th, 2009 and filed for divorce on January 6th, 2010. Capone demanded that Anderson decided by April 16th, 2010 whether she was going to continue divorce proceedings.
Court documents stated that Capone text messaged and called Anderson to lure her to his business near Moscow. All three people met April 16th at Capone's business, Multiple Service, along South Main Street. Documents alleged that Anderson came to pick up her vehicle. She borrowed a Yukon from a friend to drive to the shop.
The documents alleged that Capone and/or Stone put Ambien into Anderson's beer during the visit and killed her. Investigators said Capone and Stone later hid and disposed of Anderson's body. The pair also cleaned the Yukon to destroy evidence of the murder according to records. They also stated that the suspects drove the Yukon from Latah County to Lewiston and sent text messages from Anderson's phone to hide her death.
The duo initially denied any involvement in Anderson's death.
Authorities arrested Capone May 6th, 2012 on a federal warrant for being a felon in possession of a firearm. He was taken to the Bonner County Jail and placed in a cell with inmate Joshua Voss. Court documents stated that Capone told Voss, 'they also think I killed my wife, but I am not worried because they will never find the body.'
Voss reported the comments four days later. Documents stated that Voss was nearly done with his sentence and did not receive any change in his on situation for providing the details.
Capone pleaded guilty to the firearms charge in 2010 and served two years. He was transferred to the Asotin County Jail in September 2012. Prosecutors in Asotin County charged Capone with strangling Anderson before she vanished. Court documents stated that the attack happened in December 2009.
Capone's cellmate in Asotin County eventually came forward with new details for investigators in January 2013. Capone allegedly told his cellmate that if he was going to kill someone, he would put them in a big tarp, wait until the blood coagulated, cut the body up and dissolve it in car parts washer.
Investigators found a large car parts washer when they searched Capone's auto shop.
The cellmate went on to tell investigators that Capone got angry at an inmate and yelled 'don't make me cut up another body.'
Court documents stated that the inmate said Capone also made comments about burring a body. Capone allegedly stated that authorities would never find Anderson's body.
He told them that Capone described what happened the night Anderson disappeared. Capone told the inmate that Anderson threatened to turn him in for being a felon in possession of a firearm according to court documents. Capone allegedly told the inmate that he slipped an Ambien into Anderson's beer 'to shut her up.' He then decided he had 'no choice' and was going to 'end it all,' according to the court records.
Capone has been in custody in Clarkston since October 2012. He previously served time for being a felon in possession of a firearm. Capone was convicted in September 2010. He also served time in 1998 for burglary and aggravated assault. Court documents showed Capone also was convicted of bank larceny and attempted armed robbery.
