Arrest warrant denied in Grove shooting. Vero PD seeks help.
VERO BEACH — Prosecutors denied a request by Vero Beach police for an arrest warrant in connection with a March shooting outside The Grove bar, police said Wednesday.
On March 31, 2017, at approximately 1:54 a.m. the Vero Beach Police Department received a 911 call regarding a shooting that had just occurred outside The Grove, located at 2115 14th Avenue. Responding officers observed a large crowd in the roadway. Officers subsequently located one victim, Andy Capak, whom had suffered gunshot wounds during a disturbance.
Physical evidence from the scene was collected and processed. Vero Beach Police Detectives subsequently interviewed and obtained statements from eight witnesses. The totality of the witness statements conflicted substantially with each other as well as with statements given by Mr. Capak. Mr. Capak was interviewed on three separate occasions. Mr. Capak was unable to identify the suspect that shot him.
The Detective Division’s investigation continued for several months as detectives continued to follow up on every known lead. The Detective Division subsequently completed a detailed twenty-nine page complaint affidavit for the arrest of a suspect.
On 10/23/17, the complaint affidavit in reference to the shooting of Mr. Capak was submitted to the State Attorney’s Office. The State Attorney’s Office subsequently denied the complaint affidavit (request for an arrest warrant).
All active investigative leads have been exhausted at this time, however this investigation will remain active as the presentation of additional evidence and/or witnesses could substantiate a finding a probable cause for the arrest of the suspect.
