Man sentenced 10 years in DHS shotgun slaying

A 23-year-old Cathedral City man was sentenced today to 10 years in state prison for fatally shooting a man during a fight last year in Desert Hot Springs.

Taireece Ross was convicted in June of voluntary manslaughter for the April 2, 2014, shotgun slaying of 38-year-old Damon Capacchione. Prosecutors had sought a first-degree murder conviction against Taireece Ross, citing the fact he asked his stepfather to drive over and bring him the firearm he used in the killing.

During the sentencing hearing, Deputy District Attorney Anthony Orlando argued that Ross should be sentenced to the maximum punishment of 21 years because he actively escalated the confrontation, requested the shotgun, then fired the fatal shot.

“The gun didn’t have to be there,” he said. “These were two equally sized men.”

Orlando also argued that Ross deliberately failed to disclose the circumstances of the dispute to several police officers who responded earlier in the day to a previous fight between Ross and Capacchione, opting instead to handle the matter through a “code of the streets.”

Deputy Public Defender Michael Rowlands argued that Capacchione, who had recently been paroled, was the aggressor, and the chain of events that led to Ross committing a homicide included a freak and unique set of circumstances that were unlikely to ever recur.

“He asked for the gun to scare Mr. Capacchione,” he said, referring to Ross’ cell phone call. “He didn’t really believe that his stepdad was going to bring the gun. He said it loudly so that Mr. Capacchione could hear.”

Ross’ mother and grandmother each made statements on the defendant’s behalf.

Superior Court Judge Richard A. Erwood sentenced Ross to six years for the manslaughter, plus four years for a sentence-enhancement of using a firearm. Erwood cited his belief that Capacchione was largely the aggressor and noted that Ross lacked a history of serious trouble.

“The defendant has an insignificant record of criminal conduct,” the judge said.

Ross was given credit for 565 days of time served and ordered to pay $5,000 in restitution. Ross’ stepfather, 64-year-old William McCrumb, was previously convicted of first-degree murder and sentenced in March to 25 years to life in prison for providing the shotgun.

McCrumb’s lawyer, Ronny Hettena, said Friday that a notice of appeal had been filed on McCrumb’s behalf, in part because the individual who pulled the trigger was convicted of a lesser charge than the man who provided the weapon. His case is under review by an appellate defense attorney, who will evaluate all potential appellate issues and file accordingly.

The fatal confrontation began when Capacchione walked naked into the living room of the home of Ross’ godmother, Tanesha Griffin, where children were present, according to trial testimony. Capacchione — who was a guest of Griffin — later apologized but Ross would not accept the apology.

The two men fought and Capacchione was subsequently shot.

McCrumb was held in contempt of court for refusing to testify in Ross’ trial and fined $300. McCrumb, Ross and Ross’ mother, Tamara Lester, fled the scene immediately after the shooting. Lester, 40, pleaded guilty to being an accessory for trying to dispose of the shotgun in the desert.