ALL crimes are 'capital crimes', by your definition.
When "we", through the actions of our elected legislators, decide to prohibit or mandate some action, we also authorized police officers to arrest and imprison those who disobey the prohibition or mandate. What does "arrest" mean? In practice, it means capture the subject, bind him, and put him in a cage ... and those charged with doing so are authorized to use deadly force, if necessary, to effect such capture.
WHAT THE HECK DO PEOPLE EXPECT???
If you don't want people being killed for selling cigarettes, DON'T PASS A LAW PROHIBITING THE SALE OF CIGARETTES!!!
No because he didn’t die from being arrested. He died from the way they arrested him. You don’t apply a potentially lethal hold on someone for selling cigarettes.
You would be better off shooting them if they resist. Shoot them in the kneecap. They’ll quit struggling, especially if you threaten the other knee.
Or is that a bit extreme?