GUILTY HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #2

[mikkismom]

I think (a) would apply in this case. Joshua would have been born by now if he and his mother had been allowed to live.

Unfortunately, I don't think Joshua is counted. I think Charli's family is trying to change this.

jmo

 

[Mamamerced]

"A person commits the offense of murder in the first degree if the person intentionally or knowingly causes the death of:
(a) More than one person in the same or separate incident;"

It's a true crime that (a) doesn't qualify because that's exactly what he did.




http://law.justia.com/codes/hawaii/2013/title-37/chapter-707/section-707-701[/QUOTE]

 

[shadow of my mind]

Yes, yes and Yes. Finally justice will be served to SC.

 

[Kapua]

He has also been charged with arson for torching her SUV to cover up the crime!

http://news.yahoo.com/apnewsbreak-missing-pregnant-womans-ex-indicted-192741828.html

 

[OkieGranny]

http://www.nbcnews.com/news/us-news/missing-pregnant-womans-ex-charged-murder-n155931

According to a copy of the indictment obtained by The Associated Press, Capobianco intentionally or knowingly caused Scott's death "in an especially heinous, atrocious, or cruel manner, manifesting exceptional depravity" during the period from Feb. 9 to Feb. 13. During that period, he also set fire to Scott's property, the indictment said. The bench warrant sets bail at $2 million for the murder and arson charges.

 

[Plumeria5]

How much child support would he have had to pay? I don't know if that was the motive but I can't think of any others.

 

[Plumeria5]

http://www.hawaiinewsnow.com/story/...sing-pregnant-woman-indicted-on-murder-charge

Latest mugshot. What is around his neck?

 

[OkieGranny]

http://www.hawaiinewsnow.com/story/...sing-pregnant-woman-indicted-on-murder-charge

Latest mugshot. What is around his neck?

Some kind of brace? :dunno:

 

[heartgoesout]

This picture is actually scary. The other pictures he looks sad, aloof, confused. This picture he looks sick, twisted, etc..
I googled "manifesting exceptional depravity".... ..... ... what the hell did he do to her? And the specific dates of 2/9 - 2/13 ??
I am literally sick to my stomach right now. With every fiber of my being I feel for the family and send strength and love their way.
My uncle was murdered, I know the road ahead is tough.

 

[cluciano63]

How much child support would he have had to pay? I don't know if that was the motive but I can't think of any others.

JMO it is generally part of the motive, at least.
JMO

 

[Mamamerced]

How much child support would he have had to pay? I don't know if that was the motive but I can't think of any others.

Speculation amongst locals was he had a new infatuation at the time who was due to return to Maui later that February. Speculators also reported new infatuation had said she didn't want to be a stepmother. No one was blaming her.

 

[Kapua]

Speculation amongst locals was he had a new infatuation at the time who was due to return to Maui later that February. Speculators also reported new infatuation had said she didn't want to be a stepmother. No one was blaming her.

She did return to Maui and spoke with Brooke Scott, Charli's sister. There was quite a bit of discussion about her when this information came to light. It will be interesting to see if she is called as a witness at his trial.

 

[heartgoesout]

I would think she would be. Wasn't he awfully late for his nightly call with her that evening?

 

[Yellow]

Anyone know why the charge is 2nd degree murder and not 1st? Because the body's not been found? If that's the case then there is no incentive (just the opposite) for SC to give it up.

It will be really hard to prove first degree without some evidence of preplanning without a body. You can get first degree even if the planning is just minutes before. But here it will be hard to show that. It can be equally plausible that they got into a fight or perhaps he got jealous of something and he pushed her and she died.

They need more evidence to show he lured her out there for a nefarious purpose. If it was legit that his car broke down -or even if that is questionable- it will be really hard to prove intentional murder. They also need more evidence of his not wanting the baby- that can help show motive, which though not required, might be there only link to show that he intended to kill her.

The case boils down to the fact that there are just too many coincidences going on. If he did not do it who did? You would have to buy the claim that a random murderer just showed up and killed her when all this stuff is going down with him. Of course it does happen once in a blue moon, but 99 percent of cases of this sort end up w the likely suspect being the killer

 

[Yellow]

I thought 1st degree was premeditated.


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The Hawaii statute someone posted is really weird as unlike other states it seems like Hawaii lists only certain circumstances for first degree. In most states, it is just whether it was premeditated. I am not sure if that Hawaii statute is correct bc it seems odd that Hawaii would limit it like that

Needless to say, in most states penalties for first and second degree are the same or similar so hope that is the case w Hawaii

 

[Yellow]

For anyone that is interested ID discovery had this case on. On verizon they had it listed on demand as of a few weeks ago. I think it was an episode of Disappeared.

 

[Dallen]

This picture is actually scary. The other pictures he looks sad, aloof, confused. This picture he looks sick, twisted, etc..
I googled "manifesting exceptional depravity".... ..... ... what the hell did he do to her? And the specific dates of 2/9 - 2/13 ??
I am literally sick to my stomach right now. With every fiber of my being I feel for the family and send strength and love their way.
My uncle was murdered, I know the road ahead is tough.

I noticed the dates as well. I'm not sure what it means, but doesn't sound good. Although I really doubted he scattered the evidence over several days or dug her up to take her clothes as it has been speculated, given the range of dates, it sounds like that may have been what happened. At first I thought maybe that was including burning the SUV, but it was found before then.

 

[neverletgo]

The Hawaii statute someone posted is really weird as unlike other states it seems like Hawaii lists only certain circumstances for first degree. In most states, it is just whether it was premeditated. I am not sure if that Hawaii statute is correct bc it seems odd that Hawaii would limit it like that

Needless to say, in most states penalties for first and second degree are the same or similar so hope that is the case w Hawaii

It can differ from state to state. New York is another state whose first degree murder statute is different than a lot of other states. I posted the statute for Hawaii previously, but here is the statute for New York as another example:

http://law.onecle.com/new-york/penal/PEN0125.27_125.27.html

Snipped and BBM:

Legal Definition of Murder in New York and several other states:

Second Degree Murder: Any premeditated murder or felony murder that does not involve special circumstances.

First Degree Murder: Not only is the murder premeditated, but it also involves special circumstances, such as
- murder of a police officer, judge, fireman or witness to a crime;
- multiple murders; and
- torture or especially heinous murders.

Note that under this legal system, a "regular" premeditated murder, without such special circumstances, is not a first-degree murder; nor are murders by poison or "lying in wait" per se first-degree murders.

http://www.diffen.com/difference/First_Degree_Murder_vs_Second_Degree_Murder#Legal_Definition

Murder in the First Degree is codified in §125.27 of the penal code and is a Class A-1 felony.

This charge in New York differs from some states in that not only must the defendant have INTENT to cause the death of someone with death resulting, at least one of twelve factors which are aggravating must be present for it to rise to level of first degree.

http://www.nyccriminallawyer.com/violent-crimes/murder-charge-in-new-york/

 

[Kapua]

It will be really hard to prove first degree without some evidence of preplanning without a body. You can get first degree even if the planning is just minutes before. But here it will be hard to show that. It can be equally plausible that they got into a fight or perhaps he got jealous of something and he pushed her and she died.

They need more evidence to show he lured her out there for a nefarious purpose. If it was legit that his car broke down -or even if that is questionable- it will be really hard to prove intentional murder. They also need more evidence of his not wanting the baby- that can help show motive, which though not required, might be there only link to show that he intended to kill her.

The case boils down to the fact that there are just too many coincidences going on. If he did not do it who did? You would have to buy the claim that a random murderer just showed up and killed her when all this stuff is going down with him. Of course it does happen once in a blue moon, but 99 percent of cases of this sort end up w the likely suspect being the killer

We only have his word that he told Charli that his vehicle was broken down or stuck on Hana Hwy. Nobody else has come forward to say that s/he saw his vehicle disabled along the side of the road or gave him a ride back to Haiku, etc. We do not know if that is really what he told Charli. But he admitted to being with Charli the last night that she was seen alive, by one of her sisters, at around 8 PM, if memory serves. That alone is very incriminating. And the sister said that she was exhausted. She had to work early the next morning. Would she have agreed to go for an hour long drive and then drive back home alone in the dark along winding Hana Hwy? Clearly, MPD has more evidence than they have made public and are playing their cards very close to their chests at the present time.

 

[neverletgo]

For anyone that is interested ID discovery had this case on. On verizon they had it listed on demand as of a few weeks ago. I think it was an episode of Disappeared.

To add to Yellow's post, for anyone who is wondering, the name of the episode is "Missing in Maui: A Disappeared Special" and starting here I believe is where a few people shared their thoughts on the episode previously in this thread:

http://www.websleuths.com/forums/sh...-Makawao-9-Feb-2014-2&p=10577488#post10577488