Wrongful death lawsuit filed for man allegedly poisoned by his wife

Wrongful death lawsuit

ST JOHNS COUNTY, Fla. — A St. Johns County woman is filing a wrongful death lawsuit after an autopsy revealed her brother was poisoned.

James Cappello was reported missing from his Huntsville, Alabama home in September of 2018. The following day, his body was found.

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Investigators determined he was poisoned with insulin. His wife Marjorie ‘Nikki’ Cappello was arrested and charged with his death. She plead not guilty.

Jamie Weast, James Cappello’s sister, who lives in St. Johns County took custody of her then 4-year-old niece.

“We’re parents of four children now,” Weast said. “She still misses her daddy. She says that once every 10 days.”

Nikki Cappello was supposed to stand trial in January, but her trial was delayed and later put on hold because of coronavirus.

“In that county, right now, they are not holding jury trials,” Weast said. “So, it won’t be in until 2021.”

Tuesday marked the two year anniversary of Alabama investigators finding her brother’s body. She spoke only with Action News Jax reporter, Meghan Moriarty, about the lawsuit and her family.

“Two years ago today so many lives changed,” Weast said.

On Monday, The Estate of James Cappello filed a wrongful death lawsuit against Nikki Cappello and the North Alabama hospital she worked at during the time of his death. Weast said this lawsuit is another avenue for her to do something for her niece and her brother.

“If you would’ve asked me two years ago, I would’ve thought this would be all done and over with,” Weast said. “She’s [Nikki Cappello] out on bond, and she’s walking the streets.”

The complaint alleges Nikki Cappello stole the insulin that killed her husband, James, from the hospital. It also accuses the hospital of negligence and lack of supervision.

“I’m doing this for my brother,” Weast said. “He’s giving me the strength and I’m just fighting the fight.”

Action News Jax tried to contact the hospital, we did not hear back.