Matt Capelouto
speaker
108 appearances
1 recordings
1 series
first heard Apr 2025
last heard Apr 2025
Matt Capelouto’s voice in public audio — every appearance, attributed to the second.
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wanted to get a little higher and then took another half i don't believe she would have had time to take another one and no maybe she took the other one first um my i doubt that um because i don't think she would have been all these pills they sent them out for laboratory testing they all contain uh very lethal amounts of fentanyl all of them all of them yeah and uh um
You know, the dealer who was eventually arrested denied selling her pills. Then he said, no, I only sold her a couple. And but when they sent the pills out for lesion, yes, he was eventually charged federally. But distribution of fentanyl resulting in death. How long is he in jail for? Well, this is good to touch on. He originally faced 20 years to life in prison. There was a plea deal.
And this plea deal was important to me. The plea deal reduced the 20 year to life sentence, which would be mandatory, to up to 20 years to the discretion of the judge. How long did he get? I want to first read you. We'll take one minute. I want to read you as part of the plea deal, what this defendant signed and acknowledged. And he did this.
The deal was we would remove that 20 year to life sentence. Keep in mind, all the way up until this point, he tried to deny everything. Specifically, on the night of December 22, 2019, Alexandra Capilouto asked Defendant if he could sell her Percocet pills, a prescription painkiller.
defendant agreed to sell alexandra percocet pills defendant drove to alexandra's home in temecula california and sold her what turned out to be approximately 11 counterfeit oxycodone pills that he later described to law enforcement as blue oxys or m30s defendant knew it was illegal for him to sell the pills and that they contained fentanyl or some other federally controlled substance
Upon going to bed the night of December 22, 2019, Alexandra Capilouto ingested half of one of the pills. The fentanyl entered her system, poisoning her body, and caused her death. This was back in 2019. I don't believe there are too many drug dealers out there that don't know the crap they are selling does or could contain fentanyl. How about there's not one? Yeah. I agree.
But the reason this was important to me, one of the arguments by those senators against Alexandra's law was, well, these drug dealers don't even know what they're selling. I wanted this. I wanted this confession from a 20-year-old drug dealer to be able to shove in their face and say, not in my daughter's case. Don't give me this BS that they don't know what they're selling.
Eligible for parole when? He'll serve seven and a half. You have to serve 85% of your time federally, which is better than in California. Very good, very good. And all I can hope is that in 2030, when he's released, that he's learned his lesson and never does this again.
If I can, I will. And another thing we did was, and we set federal precedents in this, we filed a civil wrongful death lawsuit against this drug dealer. And we won. But he tried to dismiss it by filing bankruptcy while he was behind bars. So this would mean by the time, and we won a $5.8 million judgment. And by the time he's released, that would have been wiped clean.
We took him to federal bankruptcy court and we argued in front of a federal bankruptcy judge. who ended up rolling in our favor. And without going into all the details, the bottom line is this. He will not be able to dismiss this judgment ever. That will follow him for the rest of his life.
If he ever owns a house, to put a lien on it, becomes into an inheritance, we can collect on it, and we can garnish wages.
Sure. And the problems actually date back to 2020, 2021, in terms of when we started having problems trying to get this law passed. In California, it's very difficult to hold a drug dealer accountable for somebody's death because you have to prove something called implied malice.
And that is prosecutors and law enforcement, in order to hold a dealer accountable for someone's death, have to prove that the drug dealer knew the drugs that they provided or were selling were dangerous enough. Knew, knew, or should have known, maybe. That it could cause death. That's right. Okay, and... we pretty much all know drugs are dangerous. That's why it's illegal to sell them.
But actually proving that is what's challenging and very difficult.
Hard to say anybody these days dealing drugs is ignorant to the dangers of fentanyl. Right. But my daughter's death occurred in 2019 before we had the awareness that we have now. That's right. And so we came up with a law to help address this. If somebody is convicted of a drug offense, they're going to get an admonishment given to them in court, making them aware that
Dealing drugs, furnishing drugs, providing drugs, manufacturing drugs is dangerous and can result in someone's death. And if your continued activity leads to someone's death, you can be held accountable for murder. This would be the second degree murder. Yes, it does fall under second degree murder, which still comes with a 15 year to life sentence.
And I want to touch on real fast the difference between first degree murder and second degree murder. First degree murder, you intended to kill the person. Second degree murder. You knew what you were doing could result in someone's death. And despite that knowledge, you did it anyways. I can't believe I don't remember that from 1991 in criminal law. Some states refer to it as reckless homicide.
It's how we convict those drunk driving if they killed somebody for vehicular homicide or vehicular manslaughter. But so we we came up with this admonishment that would be given to a convicted drug dealer in a court by a judge and written provided in writing to the defendant. And they have to acknowledge it. And this now happens.
Ultimately, what we hope is that it will deter somebody from continuing to deal deadly drugs. Well, let's go back for a minute.
I believe Texas, Florida, a number of other states have passed legislation that mimics more closer our federal statutes. Federally, we have some better laws for dealing with drug-related deaths. But here in California, realize our law is simply a warning. If you abide by it, you have nothing to worry about.
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