Trial continued for woman charged in 2023 murder of SEPTA bus driver
Trial delayed after SEPTA driver fatally shot in October 2023
A waiver trial for Zhontay Capers, a woman accused of fatally shooting SEPTA driver, Bernard Gribbin, 48 was continued Monday nearly two years after the deadly incident.
PHILADELPHIA - A waiver trial for the woman accused of shooting and killing a SEPTA driver back in October 2023 was continued Monday, after a doctor found that she was not competent to stand trial.
What we know:
Zhontay Capers, who was 21-years-old at the time of the alleged crime, will now go to a mental health facility in Norristown, as the family of the driver, Bernard Gribbin, 48, has gone almost two years without any closure.
Family members flew in from across the country, some driving from hours away, only to leave feeling defeated.
"We could deal with the scar, but we’ve not gotten to that point yet, the cut is still festering, so if we could just get closure, we could move on with our lives. Right now, we’re still stuck," said Rosemary McCammond, Gribbin’s Aunt.
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Back on October 26, 2023, SEPTA and Philadelphia Police said Capers shot Gribbin, unprovoked, who was driving the Route 23 bus she was a passenger on in Germantown. Police said video showed Capers repeatedly get on and off the bus shooting, striking Gribbin six times, then put in her gun in her pocket and walk off.
According to the prosecution, Capers was found competent to stand trial in April 2024 and was supposed to appear for a waiver trial today. The prosecution would argue for first degree murder and that Capers had intent to kill, and the defense would argue for third degree murder under a diminished capacity defense. That argues that the defendant takes responsibility for her actions, but was under psychiatric condition at the time.
However, last week, after speaking with her, Capers defense attorney felt she needed another mental health evaluation. A doctor came to conduct the evaluation on Monday morning, and found that Capers was not competent to stand trial, saying she was hearing voices and acting delusional. Capers is diagnosed with schizophrenia.
A judge ordered 60 days of mental health treatment in Norristown, then a re-evaluation.
"The system, the system’s gotta be fixed one way or another," said Diane Schwartzman, Gribbin’s cousin who drove to Philadelphia from Long Island.
Gribbin’s loved ones say he came from a big loving family, a beloved SEPTA worker for 12 years, married and living in Abington, after serving honorably in the Army.
"Survived all that, comes back, earns a living, buys a house, finds the love of his life, marries her, and then this happens, he gets slaughtered on his bus by this person, a person he’s never met before," said McCammond. "If it takes me 20 years, we’ll be back, believe me."
Some family members of Capers were also in the courtroom today but did not want to comment.
What's next:
A hearing is scheduled for next month, but if found competent, it could still be months before Capers stands trial.