A federal inmate who got out of a van and was on the run for two days has been indicted on one count of escape.
Derek Albert Capozzi, 37, was indicted Thursday by a federal grand jury in London, according to a release from the office of U.S. Attorney Edwin J. Walbourn III.
Capozzi escaped April 15 from a van carrying him from the Grayson County jail with 10 other inmates to Lexington's Blue Grass Airport. He was to be flown to an out-of-state prison. Capozzi had been handcuffed and in shackles, but he somehow was able to get the back door of the van open as it was turning onto the Ky. 33 exit off the Blue Grass Parkway, authorities say.
Capozzi was in Kentucky to testify as a defense witness in a federal trial involving Christopher Cramer, who was accused last year of assaulting another inmate at the McCreary federal prison in Pine Knot. Cramer, who was being held with Capozzi in the Grayson jail, was acquitted of an assault charge but convicted of possession of a prohibited object.
The Boston native was arrested Saturday after two Woodford County men found him lying on railroad tracks behind Central Kentucky Stair Co.
Craig Smith, a spokesman for the U.S. Marshals, said Thursday that the investigation into how Capozzi escaped is still ongoing.
Capozzi's appearance before the U.S. District Court in Lexington has not yet been set. If convicted, he could face a maximum prison sentence of five years.
Capozzi, who has ties to a Massachusetts drug gang, was convicted by a federal jury in 2005 of helping to cover up the killing of a 19-year-old Massachusetts woman. Before his escape, he was scheduled to be released from prison in 2046.