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“If I ever see him I’m beating the (expletive) outta him he better pray I don’t catch him downtown coming out of that building,” said one post, including a photo of Capizzi that was obtained by this news organization.
Capizzi declined comment, but Jim Cole, juvenile court administrator, talked about the potential for criminal charges in the matter.
“You get a variety of emails, judges do, that people are unhappy with the decision, but it doesn’t rise to the level of something that could be charged under a criminal offense and it’s more just kind of logging that particular information,” Cole said. “But when it rises to the level where it qualifies potentially as a criminal offense … that’s when that’s turned over to the sheriff’s office and then they’re going to have to decide if it’s appropriate for a criminal charge.”
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Montgomery County Sheriff Phil Plummer said Wednesday that he hadn’t yet been notified of these threats against Capizzi. Plummer also said his office has worked recent threats against two area judges.
“That’s our job to look into a threat,” Plummer said, adding that in the case of a warning of violence, “We would do a complete workup on that and try to charge them.”
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This news organization is not naming those associated with the Facebook posts because no one has been formally charged.
Messages seeking comment have been left with Dayton police and the Montgomery County Prosecutor’s Office.
A seventh person charged in the Huber Heights armed robbery case is 18 and appearing in adult court.
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