THIRD CO-CONSPIRATOR IN $76,000 ROBBERY OF WAL-MART STORE AT WESTPORT ROAD
AND CHAMBERLAIN LANE SENTENCED TO 8 YEARS AND 8 MONTHS IMPRISONMENT
- Proceeds of robbery used to buy cocaine and marijuana for distribution
- Purchased approximately $148,000 of drugs

LOUISVILLE, KY -Marcus Jovan Capers, age 26, of Louisville, Kentucky, in Jefferson County, was sentenced on February 19, 2008 to 8 years and 8 months years imprisonment in United States District Court, Louisville, Kentucky, for robbery, using a firearm during a crime of violence, and possession of cocaine with intent to distribute, U.S. Attorney David L. Huber of the Western District of Kentucky announced today. Jennifer B. Coffman, Judge, United States District Court, also sentenced Capers to 4 years supervised release following incarceration. There is no parole in the federal judicial system. In addition, restitution in the amount of $76,068.65 was imposed.

On November 1, 2007, Brian Sean McClendon was found guilty by a jury of robbing the Wal-Mart store at 3706 Diann Marie Road on March 20, 2006 and also for conspiring to possess with the intent to distribute 500 grams or more of cocaine that was purchased with the proceeds of the robbery. Marc Edward Hill pled guilty on July 17, 2006, and Capers pled guilty on August 2, 2006, and both admitted that they participated in the robbery of the Wal-Mart store and used a firearm during a crime of a violence. On January 22, 2008, McClendon was sentenced to 30 years imprisonment and Hill was sentenced to 7 years and 6 months imprisonment.

The evidence at the trial of Capers' co-defendant, Brian Sean McClendon, established that in December of 2005 or January 2006, McClendon, a former employee of the Wal-Mart store at 3706 Diann Marie Road, began planning a robbery of the store along with Marcus Capers. On Friday, March 17, just three days before the robbery, McClendon recruited Hill to help him and Capers commit the robbery.

On Monday, March 20, 2006, Capers and Hill drove to the side of the Wal-Mart and parked, while McClendon watched for an armored car scheduled to pick up a bank deposit from the Wal-Mart store to arrive at the Wal-Mart. As the armored car drove to the Wal-Mart, McClendon parked in the store's parking lot and entered the store while talking to Capers by cell phone. McClendon watched as the armored car employee entered the store and walked to the money room to pick up the bank deposit. McClendon notified Capers by cell phone when the armored car employee left the money room with the bank deposit. Capers and Hill then ran into the store and robbed the armored car employee of the store's bank deposit, consisting of $76,068.65 in cash and checks. During the robbery, Capers put a 9mm pistol to the armored car employee's head while Hill disarmed the employee. After obtaining the money Capers and Hill fled the store and drove down Chamberlain Lane to the parking lot of the Ford truck plant. After seeing that the robbery was successful, McClendon purchased a shirt from the Wal-Mart and then left the store.

McClendon drove to the Ford truck plant and met Capers and Hill. McClendon, Capers and Hill then drove to Jefferson Mall in McClendon's vehicle, where McClendon gave Capers and Hill money to purchase new clothing to replace the clothes they wore during the robbery. After Capers and Hill purchased new clothes and disposed of the clothes they wore during the robbery, the three men drove to McClendon's house at 4253 Accomack Drive. McClendon and Capers then drove immediately to Toledo, Ohio and Detroit, Michigan where they purchased one kilogram of cocaine and 20 pounds of marijuana using the money stolen from the robbery. They returned to Louisville on the evening of March 21, 2006, the day after the robbery. McClendon gave approximately five ounces of cocaine to Capers for distribution. The estimated street value of one kilogram of cocaine is $100,000 and the estimated street value of 20 pounds of marijuana is $48,000.

The case was prosecuted by Assistant United States Attorneys Thomas W. Dyke and Rob Bonar, and it was investigated by the Louisville Metropolitan Police Department and the Federal Bureau of Investigation.

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