Orange County District Attorney David M. Hoovler announced that on Friday, January 13, 2023, an arrest warrant was issued for John DiCaprio, 21, of Newburgh, after he failed to appear in Orange County Court in connection with a shooting and weapons possession case. The District Attorney’s Office and City of Newburgh Police are requesting the public’s assistance in locating DiCaprio.

On December 15, 2022, DiCaprio was arraigned in the Orange County Centralized Arraignment Part on two counts of Criminal Possession of a Weapon in the Second Degree, and one count of Criminal Possession of a Weapon in the Third Degree.  The Centralized Arraignment Part is often where defendants who are arrested on matters in which bail can be set first appear in Court after they are arrested, but before their case has been presented to a grand jury.  The City of Newburgh Police Department charged DiCaprio with illegally possessing a .45 caliber revolver and a Glock .380 caliber semiautomatic pistol while in a car in the City of Newburgh earlier that day.  Each of those handguns were loaded and one of them had the serial number removed. At the arraignment, the District Attorney’s Office recommended that bail be set in the amount of $100,000.00 cash, $500,000.00 secured bond or $750,000.00 partially secured bond to ensure that DiCaprio would continue to appear on the charges.  The recent criminal justice reform legislation requires judges to set three forms of bail.  The judge set bail in the amount of $5,000.00 cash, $50,000.00 secured bond or $50,000.00 partially secured bond.  DiCaprio posted the bail.

Two days later, on December 17, 2022, DiCaprio was again arrested by the City of Newburgh Police Department and arraigned in the Centralized Arraignment Part on additional charges including Attempted Assault in the First Degree and Criminal Possession of a Weapon in the Second Degree. It was alleged that on December 10, 2022, DiCaprio fired a handgun at an adult, striking him in the leg and that the bullet, or at least a part of it struck a nearby child.   At that arraignment, the District Attorney’s Office recommended that bail be set in the amount of $100,000.00 cash, $500,000.00 secured bond or $750,000.00 partially secured bond to ensure that DiCaprio would continue to appear on the charges.  The judge set bail in the amount of $10,000.00 cash,  $50,000.00 secured bond, or $75,000.00 partially secured bond.  DiCaprio again posted the bail. 

The matters were presented to an Orange County Grand Jury, which issued an indictment.  The indictment charges DiCaprio with having committed the crimes of Attempted Assault in the First Degree, three counts of Criminal Possession of a Weapon in the Second Degree, Criminal Possession of a Weapon in the Third Degree, and Reckless Endangerment in the First Degree.  DiCaprio was scheduled to appear in County Court to be arraigned on the indictment on January 11, 2023 but failed to appear.  As required under the recent criminal justice reform legislation, the County Court Judge stayed issuance of an arrest warrant so that DiCaprio could appear in Court on January 13, 2023.  An arrest warrant was issued after DiCaprio failed to appear on that date as well.  

Hoovler thanked the City of Newburgh Police Department for their investigation and the arrests of DiCaprio.  Both the District Attorney’s Office and the City of Newburgh Police Department are requesting the public’s help in locating DiCaprio. Anyone with information concerning his location is urged to call the City of Newburgh Police Department.

 “It is well known that those who are convicted of illegal weapons possession and the illegal use of weapons can expect significant sentences in Orange County,” said Hoovler. “Bail which is sufficient to ensure that a defendant returns to court must take into account the seriousness of the offense and a defendant’s incentive to not return to court. Illegally possessed firearms lead to violence on our streets. I urge anyone with information concerning John DiCaprio’s location to contact the City of Newburgh Police Department 

The case is being prosecuted by Senior Assistant District Attorney Christopher Kelly.