Al Capone illness to avoid an earlier appearance. In May 1929, Capone was sentenced to a prison term in Philadelphia's Eastern State Penitentiary; he was convicted within 16 hours of being arrested for carrying a gun during a trip there. A week after his release in March 1930, Capone was listed as the number one "Public Enemy" on the unofficial Chicago Crime Commission's widely publicized list. In April 1930, Capone was arrested on vagrancy charges when visiting Miami Beach; the governor had ordered sheriffs to run him out of the state. Capone claimed that Miami police had refused him food and water
Frank Capone At the later inquest, the police claimed that Frank Capone shot first; they produced a pistol with three missing rounds that they swore he used. Frank allegedly thought these officers in civilian clothing were rival gangsters. In either event, Capone was fatally shot by Sergeant Phillip J. McGlynn in the ensuing melee. Fischetti sprinted across a nearby vacant lot, only to toss down his weapon and surrender once the police caught up with him. The third gangster ran south, firing a gun in each hand, and managed to escape. An urban myth later grew that this man was none other