Kentucky Prosecutor Killed by Defendant

A man charged with child molestation blasted his way into a prosecutor’s home, where both men died in a shootout early Monday, hours before they were to face each other in court.

Commonwealth’s Atty. Fred Capps, 46, was shot multiple times and died at the scene, Kentucky State Police spokesman Jerry Melton said. The gunman, identified as Eddie Vaughn, 49, also was found dead inside the home by state police shortly after 6 a.m., Melton said.

An autopsy showed two shots from Capps’ gun killed Vaughn, police said. Witnesses said Capps died trying to protect his family.

Capps’ wife, Cathy, witnessed the shootings and was nicked by debris, but not seriously wounded. The couple’s two children, John, 16, and Lydia, 11, were asleep in their upstairs bedrooms and were not hurt.

The gunman’s wife and brother were arrested at the scene and charged with murder.

Vaughn had been due to go on trial Monday with Capps prosecuting him on charges of sexual abuse involving a child under 12. Authorities did not immediately give details of the charges.

State police Sgt. Mike Castle said Vaughn fired several shots from an assault rifle into Capps’ home before 6 a.m., then entered and fired more shots. The front door handle was blown off by gunfire, and five bullet holes were visible in a front window.

“There are dozens of shell casings and bullet fragments in the interior of the home, which would indicate a tremendous amount of gunfire,” Melton said.

Neighbor Mack Walker, whose family has lived across the street from the Capps for more than 25 years, said: “I heard the shots and saw this boy standing at the doorway shooting into the house. . . . I knew Fred was in trouble and told my wife to call the law.”

Vaughn’s wife, Patricia Vaughn, and brother, James Vaughn, were charged with murder, though neither was armed. Witnesses said Patricia Vaughn was in a vehicle in the Capps’ driveway. James Vaughn was arrested in a field nearby.

Police would not say why the two accompanied Vaughn to the scene, or exactly what prompted the murder charges against them.

Capps was the prosecutor at Vaughn’s arraignment last July on the sex charges. Vaughn was freed on bail.

“There was no animosity or anything that I knew about” between the two men, Circuit Court Clerk Hazel Jones said.

Vaughn had a long arrest record on charges including intoxication, disorderly conduct and resisting arrest.

Capps was prosecutor for Adair, Casey, Cumberland and Monroe counties in southern Kentucky.

He shared a law practice with his wife, who is assistant commonwealth’s attorney. They also represented Burkesville, a town of 1,800 about 140 miles south of Louisville.