Tuesday, August 03, 2010
Foreclosure Threat Forces Florida Home Owner Robert Capkovic to Go Berserk and Shoot it Out With Cops, SWAT Team Kills Him.
Threats from the Bank of America and their "lawyers to foreclose" on the home of Robert Capkovic, 62, of 5351 Joyner Avenue Spring Hill push him over the edge and he ends up shooting it out with the cops. The loss of someone's home is probably the second most devastaing event in one's life, Robert Capkovic, 62, of 5351 Joyner Avenue Spring Hill did not handle it well. What Law Firm was handling the Bank of America foreclosure on Robert Capkovic's home, what tactics were they using to cause him to try and kill a cop ? From the Hernado County Clerk's Public Records, there were several civil proceedings agasint Robert Capkovic in Spring Hill, one was from Bank of America and an attorney based in Plantation Fl, see link http://hernandoclerk.com/
In Florida, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. This is commenced by filing a lawsuit in the Circuit Court in the county where the property being foreclosed is located (like Hernando county). Again, this is a judicial process – there is not a non-judicial foreclosure process in the State of Florida. As in any lawsuit, the borrower must be served with notice of the lawsuit and must be given an opportunity to appear and defend his or her rights. The lender will try to show that the borrower is in default, and that foreclosure is therefore necessary under Florida equity law.
SPRING HILL — They tried to reach the man by phone to no avail. They tried to force him out by filling his home with a dozen containers of tear gas and pepper gas. But when Hernando deputies saw no signs of movement inside the home around 9 p.m. Monday, they wondered if Robert Capkovic, 62, of 5351 Joyner Avenue Spring Hill had followed through on an earlier vow to kill himself. So for the second time that day, they went in.
When the SWAT team members reached a bathroom, they found Capkovic, still armed with a rifle. Within minutes, one deputy was wounded and Capkovic, 62, was dead, Sheriff Richard Nugent said Tuesday as he detailed the actions of the nearly six-hour standoff outside Capkovic's home at 5351 Joyner Ave.
Deputy Lance Origon, 31, was wounded in the forearm and taken to Spring Hill Regional Hospital. He was released from the hospital Tuesday morning and was resting at home. Origon and Deputy Tom Valdez III, 35, who was also involved in the shooting, were placed on administrative leave, which is standard practice with officer-involved shootings.
Nugent explained that deputies went to the nearly 2,000-square-foot home about 3:30 p.m. Monday after a Bank of America employee asked the sheriff's office to check on Capkovic. In early July, Capkovic wrote a letter to the bank saying he would kill himself if the bank tried to foreclose on the house where the shoot-out occurred.
Nugent said two deputies knocked on every door of Capkovic's house and checked with neighbors shortly after arriving. When no one answered, the deputies opened a window, slipped inside and announced their presence. The deputies opened the door to the home's master bedroom, and Capkovic burst out of the bathroom carrying a rifle. He fired a shot, the sheriff said.
"He said they were not going to evict him from his house," Nugent said, "and the deputies said they weren't there to evict him." Capkovic shot twice more at the deputies, who did not return fire. No one was injured and the deputies then left the house.
Over the next few hours, deputies repeatedly tried to make contact with Capkovic. They used a public address system, they put a phone into a bag and threw it into the home, and they even had the phone company reactivate the (disconnected) line in the home. None of it worked.
"The last time we saw any real movement in the home was at 4:30," Nugent said. "We could not hear him at all in the home." About 8:45 p.m., deputies decided they needed a response. The SWAT team lobbed a dozen rounds of chemical agents into the house, Nugent said. Still, nothing.
Deputies went inside around 9 p.m. This time, they found Capkovic barricaded inside the master bathroom. When they got the door open, Capkovic shot and hit Origon in his forearm with birdshot (shotgun). The deputies returned fire, mortally wounding Capkovic.
"He made the choice to try to kill deputies," Nugent said. "We don't pick the circumstances for the fight. The bad guys do." Capkovic had no criminal record, and the Sheriff's Office had not been out to the home previously. Rick Simon, a spokesman for Bank of America Home Loans, said Capkovic's home was in "the very earliest stage of foreclosure.
"There were several options that we were working to explore with him before the property would have been sold,'' Simon said in a statement. "In fact, Bank of America had sent a letter in June offering consideration of a mortgage modification under the government's Home Affordable Modification program. Regretfully, Mr. Capkovic had not responded to that letter."
"We fully understand the stress many customers face in these challenging economic times," Simon said. "Nevertheless, it is uncommon that we receive communications threatening violence. ... When the three-page letter was fully reviewed by a home retention associate, the overall tone of the letter raised concern." more from this source....
Nugent said there was no indication he had a history of mental illness. The sheriff said Capkovic was having financial difficulties with his mortgage. His home on Joyner Avenue was valued at $116,300 and his income was barely more than $31,125, according to financial records.
Reports show Capkovic had moved in February 2008 to Spring Hill from Walnutport, Pa. He previously had lived in Spring Hill from 1993 to 1996 and briefly resided in Port Richey in 1997.
Bill Warner Private Investigator, SEX, CRIME, CHEATERS & TERRORISM