Henry Albert Smith Jr., the man accused in the fatal shooting of Vallejo police Officer James Capoot on Nov. 17, 2011, has been found guilty of murder in the first degree, according to the Solano County District Attorney’s Office.

Administrative Secretary Monica P. Martinez said in a statement that a jury not only found Smith guilty of the murder charge, it also “found true the following special circumstances relating to the murder.”

Those circumstances, which make Smith eligible for the death penalty — which prosecutors said they will pursue — are that the victim was a peace officer, the murder was committed for the purpose of avoiding lawful arrest and the murder was committed during the commission of a robbery, the statement said.

The guilty verdict on the murder charge was rendered July 24. However, during the penalty phase of the trial the court excused one juror because of a hardship, then declared a mistrial because too few jurors remained for sentencing to proceed.

Martinez said a new hearing will take place Aug. 31 to reset the penalty phase of the trial.

Capoot, 45, was a decorated veteran Vallejo police officer who was shot to death while trying to run down a suspect in the robbery of the Bank of America branch at Springstowne Center on Springs Road, Vallejo.

Police chased a sports utility vehicle matching the description of the robbers’ car, which crashed in the 100 block of Janice Street. Capoot then began chasing one suspect who fled on foot into the neighborhood.

The officer was shot multiple times. He was airlifted to a nearby hospital, where he died. The suspect was arrested at the scene.

Benicia police assisted Vallejo police at the time.

Capoot was a former U.S. Marine and had been a member of the California Highway Patrol until he joined Vallejo police in 1992.

During his years in Vallejo, he was part of the department’s motor unit and a member of the SWAT team.

Among his honors was a Medal of Courage in 1994 when he faced a suspect armed with an AK-47; and again in 1997 when he engaged another armed suspect.

He was named Vallejo Police Officer of the Year in 2000, and received the Medal of Merit for the School Safety Patrol, the Life Saving Medal for giving cardiopulmonary resuscitation to an injured motorist, and a Good Conduct Medal. The department had given him two letters of commendation.

Capoot also coached the Vallejo High School girls basketball team, and led them to a section championship.

He is survived by his wife, three daughters and his mother.

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