Story Published: May 7, 2010 at 1:10 PM PST
Story Updated: May 7, 2010 at 5:11 PM PST
Capone, 48, was arrested at his place of business Thursday morning in Moscow by Alcohol, Tobacco and Firearms agents for being a felon in possession of a firearm.
Capone was arraigned in U.S. District Court in Coeur d'Alene via video Thursday morning before federal Magistrate Judge Larry Boyle. Court records say the prosecution is requesting Capone be held with no bail prior to trial. The prosecution cites a serious risk that Capone will flee and poses a danger to others.
A preliminary exam and detention hearing will be held on Monday afternoon.
According to documents filed in federal court, Chase Ervin went to Moscow Police on April 28th saying in February he gave a 40 caliber pistol to Capone as collateral for a truck Ervin wanted to buy. But then he decided he didn't have enough money for the truck so went to ask for the gun back, but was told it was at a friend's house and that the friend was out of town.
Then in March Ervin says Capone gave him $450 dollars for the gun. The next day the task force investigating Anderson's disappearance searched the home of Robert Bogden in Viola. Capone had reportedly stayed there from February to April 20th.
Bogden told police that Capone followed Rachael in mid-February to see if she was seeing another man. Bogden said Capone carried a gun with him while he followed Anderson. The model 22 Glock was seized by police at Bogden's home.
Police say Capone stopped staying at the house because Bogden was leaving on a trip and was concerned about the investigation into Anderson's disappearance.
Capone faces up to 10 years in jail and a fine up to $250,000 if convicted.
Capone has a criminal history, including bank larceny, aggravated assault and burglary.
Anderson filed a report with Clarkston Police on January 2 saying Capone pushed and strangled her. She signed divorce papers on January 6. The two were married in September of last year.
Police say Capone was the last person who reported seeing Anderson on April 16.
