Homeless man distraught over his brother’s death
INTERSTATE 10 — Police have arrested a transient for allegedly killing Bobby Ray Capps, a 61-year-old homeless man who was found dead by his brother on Sunday at their encampment along the Santa Monica Freeway.
David Brevig, 41, known on the streets as “J.D.,” was arrested on Sunday for manslaughter. Brevig allegedly assaulted Capps on Thursday night, which led to his death more than two days later. Apparently during the assault, Capps hit his head on a pole.
Although the Los Angeles Coroner’s Office hasn’t yet ruled on how Capps died, his brother, Albert Williams, said it was the blow to the head that killed him. Williams said he nursed his brother for more than two days at their camp after the assault.
Williams said he watched Brevig allegedly attack and kick Capps. As a result of the assault, Capps hit his head on a nearby pole. When Capps realized blood was pouring from his head and back, Williams walked his brother to Norm’s restaurant on Lincoln Boulevard, where he called an ambulance. Capps was taken to Saint John’s Hospital, where he received 14 stitches and was sent on his way, Williams said. The two brothers walked 17 blocks back to their camp and arrived at about 4 a.m.
“He was badly hurt,” Williams said. “He couldn’t move, he couldn’t even hold anything in his stomach, he couldn’t go to the bathroom. I took care of him all day Friday and made sure he had water.”
With rain expected on Saturday, Williams bought a tarp to cover their camp. He took care of Capps through the night and early on Sunday morning, Williams walked into town to get cigarettes at his brother’s request.
“I went back to my campsite, and my brother was dead,” he said as tears welled up in his eyes. “It was like time had stopped.”
Williams immediately ran into town to get help. He knocked on doors, but no one answered. He then went to the animal shelter near the off-ramp at Lincoln Boulevard and the 10 Freeway. The worker at the animal shelter, which is run by the Santa Monica Police Department, called police officers who arrived within seconds, Williams said. Police arrived at the camp shortly before 9 a.m.
As Williams was being interviewed by police, Brevig reportedly walked by the camp, which is located under the Lincoln Boulevard off-ramp. Williams said he pointed Brevig out to police, who then detained him, Williams said.
The Los Angeles County District Attorney’s Office on Tuesday filed one count of manslaughter against Brevig, who remains in custody. Manslaughter, which carries a lesser penalty than murder, is the unlawful killing of another person without premeditation or so-called “malice aforethought,” which is an evil intent prior to the killing. It is distinguished from murder by lack of any prior intention to kill anyone or create a deadly situation.
Williams, 64, said he and his brother have lived along the freeway for about seven years, and the two have been homeless in Santa Monica since 1991. They had previously lived in a trailer in Long Beach and worked on a woman’s property in exchange for rent.
“I’ve been with him all of his life,” Williams said of Capps. “We took care of each other.”
While it’s unclear what the motive for the assault was, it appears Brevig was protecting another homeless man with whom Capps had gotten into an altercation earlier Thursday evening. Williams said after Capps punched the homeless man, he walked about 50 feet down the embankment and lay down. Brevig arrived 20 minutes later, learned of the incident and then allegedly jumped Capps, Williams said.
Distraught over his brother’s death, Williams said he contemplated commit-ting suicide when he was at the police station on Sunday.
“I was going to jump from the top of the police building on the day he died, but I guess I chickened out,” Williams said. “I always said I wouldn’t live without him.”
Capps grew up with Williams on a farm in Muskogee, Okla. The brothers, who have different fathers, moved to Baldwin Park after their mother’s fourth husband got a job at a manufacturing plant there. They attended school and in the late 1950s, they went into the service — Capps enlisted in the Army, and Williams went into the Navy. They both got married and divorced twice. Capps and Williams were house painters in Arizona and California for about 25 years before becoming homeless. It’s unclear how or why they became homeless.
According to Williams, Capps is survived by his mother, Oweta Faye Smith, of Okla.; his father, Lloyd Odel Capps, whereabouts unknown; another brother, whereabouts unknown; and children Tammy, Robby and Ronnie, whereabouts unknown. It’s unclear if Capps had grandchildren.
Williams said he has been in contact with his mother, Smith. She is making funeral arrangements with her other son, who apparently is an engineer for Hughes Aircraft and is going to pay for Capps’ cremation, Williams said.
Unable to deal with going back to his camp, Williams is staying at a motel. Smith, 81, sent him money after learning about Capps’ death.
Although calls weren’t immediately returned by hospital administrators Tuesday night, a Saint John’s Hospital emergency-room worker said the hospital doesn’t turn people away for treatment, regardless of their economic situation. Asked whether an ER patient could be admitted to the hospital, the worker said it depends on the situation.
“I think if he stayed in the hospital he would be alive today,” Williams said. “He was a kind man. My brother was a funny man. He liked to make people laugh.”
“He was a kind man. My brother was a funny man. He liked to make people laugh.” — — ALBERT WILLIAMS Victim’s brother
Originally published in the Santa Monica Daily Press print edition on November 19, 2003. Read the original PDF.