Capone assault case dismissed to make way for federal charges

ASOTIN, WA - A 51-year-old Moscow man, who was facing trial for 2nd degree assault domestic battery, is getting his state case dismissed to make way for a federal indictment.

Charles Capone has been held in Asotin county for the past eight months for allegedly strangling his estranged wife, Rachael Anderson, a woman who went missing in 2010 shortly after she filed for divorce. Capone is a person of interest in her disappearance.

Asotin County Prosecutor Ben Nichols and Capone's Attorney Mark Monson made a motion to get the charges dismissed. Prosecutor Ben Nichols said they signed a contract to dismiss the case because federal charges for a different case are expected to be filed in the coming months.

"We are making way for the federal case, and we have been given assurances that it will be resolved no later than May first," said Nichols. "And at that point we're going to ask the court to dismiss."

If the federal government takes no action by May first, Capone is set to be released.