Al Capone would have been "hard pressed to beat three men to death with a baseball bat" and that he would have instead let an enforcer perform the murders. Hazelgrove further notes that Capone's location at the time was unknown and that while he was known to have attended a meeting during this time, he did not bring a baseball bat with him. On March 27, 1929, Capone was arrested by FBI agents as he left a Chicago courtroom after testifying to a grand jury that was investigating violations of federal prohibition laws. He was charged with contempt of court for feigning
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