View Full Version : Brothers Charged In Death Of Army Sgt. 1st Class Richard Lopez
Bill Harsey
03-23-2009, 13:19
From Steamboat Springs, http://www.steamboatpilot.com/news/2009/mar/23/charges_released_men_suspected_soldiers_death/
Yes I know there is a thread dedicated to Sgt. 1st Class Richard Lopez in "Taps" but it doesn't seem right to keep updates on this situation posted there.
Admins please advise if they see things different.
greenberetTFS
03-23-2009, 15:47
From Steamboat Springs, http://www.steamboatpilot.com/news/2009/mar/23/charges_released_men_suspected_soldiers_death/
Yes I know there is a thread dedicated to Sgt. 1st Class Richard Lopez in "Taps" but it doesn't seem right to keep updates on this situation posted there.
Admins please advise if they see things different.
I think the charges that they are up against don't seem very adequate considering that they killed him....................:(
GB TFS :munchin
After reading the entire article, and the independent witness statements that none of the men attacked fought back, this below statement gets me steamed!:mad:
"Charles Feldmann, the Steamboat Springs attorney representing the Capotes, said Monday that his clients were acting in self-defense. “I think it’s a tragedy to charge these two brothers,” he said, referring to Lopez and his friends as “highly-trained, aggressive military men” who were “antagonistic, looking for a fight.”
Holly
It breaks my heart to see there will not be the proper justice for SFC Lopez and his family! After reading that article, it makes me want to find the email site for the DA in Routt County and write to him asking "WHY!?". Perhaps a writing campaign to the DA is just what is needed here.
It's obvious how they view our Warriors in that town of Steamboat Springs. They are completely negating the statements of eyewitnesses. :( I guess commiting murder is acceptable in Routt Co. That should make all the citizens feel safe. <shaking my head in disgust>
Bill Harsey
03-25-2009, 11:30
Family and Police wanted tougher charges:
http://www.steamboatpilot.com/news/2009/mar/25/family_lopez_wanted_tougher_charges/
cornelyj
03-25-2009, 12:07
DelValle said he and his investigators interviewed more than 30 witnesses in the case and most, with the exception of the Capotes and their companions, agreed that Lopez was standing in the street with his hands by his side when he was struck.
WOW.... self defense... out window....
Defender968
03-25-2009, 14:31
Woefully inadequate charges, the DA or the investigator who filed them should have his ass handed to him!
uboat509
03-26-2009, 03:41
It looks like the DA is going for the charge she thinks she can prove. Would you rather she go for a higher charge and then have the guy walk because the evidence didn't support the charge? It is very easy to criticize when you are not then one who has to present the case to the jury.
SFC W
CoLawman
03-26-2009, 08:19
The DA is quoted as saying that the assault resulted in the victim's death. As I read the facts the victim was standing in the street with his hands down at his sides. The suspect walks up and punches him. That punch establishes the "assault". The victim's head strikes the pavement which caused his death. The DA is charging Second Degree Assault due to the assault causing serious bodily injury (in this case death).
Two different "mens rea" required to satisfy the elements needed for prosecution under the two statutes.
In assault you need "with intent."
In Manslaughter you need "reckless."
The DA is certainly justified in the Second Degree Assault charge and seems to have a good case. Not much wiggle room for a defense on this, other than self defense, which has already been floated by the defense attorney.
If she were to file the Manslaughter the defense is in a much better position to formulate defenses. Cause of death being the biggy.
I would side with the DA on this one. I think you stand a better chance of a conviction on the assault. Both offenses are class 4 Felonies. I think it was a reasoned decision and would prefer a conviction as opposed to an acquittal.
The Judge, upon conviction, will understand that a life was taken and a sentence consistent with the end results of this dirt bags actions will reflect that loss.
18-3-203. Assault in the second degree.
(1) A person commits the crime of assault in the second degree if:.....
(g) With intent to cause bodily injury to another person, he causes serious bodily injury to that person or another.
18-3-104. Manslaughter.
(1) A person commits the crime of manslaughter if:
(a) Such person recklessly causes the death of another person; or
(b) Such person intentionally causes or aids another person to commit suicide.
(c) (Deleted by amendment, L. 96, p. 1844, § 13, effective July 1, 1996.)
(2) Manslaughter is a class 4 felony.
CoLawman
03-26-2009, 08:46
I would like to add another consideration that must have certainly entered the DA's mind when making the decision. THE JURY:
If Manslaughter was the charge the defense can play on the jury's sympathy. The suspect had no intention of killing anyone. Certainly he punched a guy but the result was certainly not intended. Put the defendant on the stand and in his tearful and sorrowful testimony he blubbers on about the misfortune of his actions.
Of the 12 jurors it takes only one sympathetic juror.
Remove the stigma of "Manslaughter" and you have marginalized his sorrowful plea of never wanting to kill the guy. The jury has to decide if the dirt bag intentionally tried to hurt the victim. Tough to defend I didn't mean to hurt the guy when all evidence indicates he walked up and punched him in the face.
The more I think about it, the more I like the charge. Again, regardless of the charge, both are equal in sentencing guidelines in Colorado.
Just put them in prison and let any vets in the general population know what they did - if they live to get out, I'd wager they'll have a rectum you can park a 767 in and will need 9 yards of velcro to keep closed between bowel movements. There is justice...and then there is JUSTICE. ;)
Richard's $.02 :munchin
Bill Harsey
03-28-2009, 09:32
WOW.... self defense... out window....
Yep, kinda looks that way according to this too, "Affidavit, GI AMBUSHED": http://www.denverpost.com/breakingnews/ci_11981010
Firebeef
03-28-2009, 13:02
I just spent a couple days and nights in Steamboat Springs. It was during the week, so mostly I hung out and talked to "locals". Definetly the town "leans left" and there is for sure a hippie undercurrent.....that being said; people were very open and friendly, and became even more so when they learned I was a Veteran. (I almost couldn't make the last run one of the days because one of the locals insisited on buying...'just ONE more shot!!")
I can't speak for the DA, but the people I spoke to wanted the Capote brothers to fry and were very friendly and supportive of US Armed forces and Veterans
I just spent a couple days and nights in Steamboat Springs. It was during the week, so mostly I hung out and talked to "locals". Definetly the town "leans left" and there is for sure a hippie undercurrent.....that being said; people were very open and friendly, and became even more so when they learned I was a Veteran. (I almost couldn't make the last run one of the days because one of the locals insisited on buying...'just ONE more shot!!")
I can't speak for the DA, but the people I spoke to wanted the Capote brothers to fry and were very friendly and supportive of US Armed forces and Veterans
Thank You for posting this information Sir!
Indeed, I know of a resident or two in Colorado that would feel the same!:lifter
Hope the Capote brothers fry, in more ways than one.
Holly
Bill Harsey
03-28-2009, 15:10
Firebeef,
Thank you for your report.
Interesting comments at the end of this article, http://www.steamboatpilot.com/news/2009/mar/28/district_attorney_defends_charges/
I sure hope this DA is tough enough to get her job done.
"To charge Eduardo Capote Jr. with manslaughter, Oldham said she would have had to prove that he was “reckless” and that he knew one punch would kill Lopez."
A two second internet search found this
Manslaughter, NOUN
The unlawful killing of a man, either in negligence or incidentally to the commission of some unlawful act, but without specific malice, or upon a sudden excitement of anger.
What frigging law school did this DA go to? Does she not have a computer? :mad:
uboat509
03-28-2009, 18:26
"To charge Eduardo Capote Jr. with manslaughter, Oldham said she would have had to prove that he was “reckless” and that he knew one punch would kill Lopez."
A two second internet search found this
Manslaughter, NOUN
The unlawful killing of a man, either in negligence or incidentally to the commission of some unlawful act, but without specific malice, or upon a sudden excitement of anger.
What frigging law school did this DA go to? Does she not have a computer? :mad:
So you did a two second search on the internet and that makes you an expert on the law in Colorado? Perhaps you might want to peruse CoLawman's post above which specifically states the laws in Colorado.
SFC W
Bill Harsey
03-28-2009, 18:44
So you did a two second search on the internet and that makes you an expert on the law in Colorado? Perhaps you might want to peruse CoLawman's post above which specifically states the laws in Colorado.
SFC W
uboat509,
This is a topic of discussion in Steamboat too, "Why No Manslaughter Charge?": (You will have to Google the Steamboat Pilot, my link to story didn't work)
I have the highest degree of respect for CoLawman and his knowledge of the law when it comes to homicide but am still trying to get my brain around how this is being played out. It's not mine to change how this gets done but it still doesn't feel right.
My fear is Steamboat Springs legal system is soft. Hope I'm wrong.
The Reaper
03-28-2009, 19:45
So you did a two second search on the internet and that makes you an expert on the law in Colorado? Perhaps you might want to peruse CoLawman's post above which specifically states the laws in Colorado.
SFC W
Exactly.
TR
Bill Harsey
02-10-2010, 15:43
Trial now in jurys hands...
http://www.steamboatpilot.com/news/2010/feb/10/jury-continues-deliberations-capote-trial/
Remington Raidr
02-10-2010, 20:41
Capotes not guilty of 3rd-degree assault in Steamboat case
Jury deadlocked on 2nd-degree assault charge for Eduardo Capote, who will be retried
By Zach Fridell Wednesday, February 10, 2010
Steamboat Springs — A jury found Eduardo and David Capote not guilty of third-degree assault today after a day and a half of deliberations, but jurors could not reach a decision on the more serious charge of second-degree assault against Eduardo Capote.
Jurors said the group deadlocked on the final charge with seven jurors saying Eduardo Capote was guilty and five saying he was not. The jury needed to reach a consensus on the charge.
Attorneys on both sides said they will have renewed vigor for the retrial, scheduled for May 10 to 21.
The men were charged with assault after an altercation in downtown Steamboat Springs on Jan. 1, 2009, with Michael Wesley “Wes” Mottlau, Timothy Mottlau and Richard Lopez. Lopez died as a result of his injuries.
The third-degree assault charges stemmed from the Capote brothers’ alleged fight with Michael Mottlau, and the second-degree assault charge stems from Eduardo Capote’s alleged fight with Lopez.
Defense attorney Charles Feldmann said he plans to call more expert witnesses and said he expects the retrial to last at least as long as the original, even though there are fewer charges.
“Certainly it’s not the outcome we had expected or hoped for, but I could see in the jury’s faces that they worked hard in this case,” he said. “It was painful for everyone.”
Fourteenth Judicial District Attorney Elizabeth Oldham said the decision, while not ideal, does not rule out the possibility of conviction.
“It’s better than not guilty,” she said. “We get another chance.”
Thought I'd throw my thoughts in here as I am a current resident of Steamboat. I've lived here a couple years now and have got to know the area and the residents quite well. Reiterating what Firebeef stated earlier, the town does in fact lean a little left, however, drive 5 minutes in any direction outside the town and it moves strongly to the right. The overwhelming majority of people I know up here are Military supporters. I would also say that the Hippy feel that Firebeef speaks of is mostly from younger guys and gals that move to this town for a couple years to take some time off, relax after college, etc...
My overall feeling toward the judicial system up here is that it is soft. From my perspective, the system is and has been gentle on charges and punishment. I have been following this case very closely as it's a very rare case for Steamboat and occurred in an area I frequent. At the beginning, it seemed like everyone had already convicted the Capotes (including the Steamboat Pilot) and it has been somewhat weird to see the turnaround (read comments in the Pilot after the articles). Also in the comment section of one of the more recent articles, you can read comments posted by the ex-wife of Lopez, pretty sad stuff.
Personally, I am completely upset at the outcome of the trial and hope that justice will eventually be served.
Bill Harsey
03-31-2010, 13:41
Eduardo Capote to plead guilty to manslaughter in death of Richard Lopez.
Here is the story: http://www.steamboatpilot.com/news/2010/mar/30/eduardo-capote-plead-guilty-manslaughter-steamboat/
The Reaper
03-31-2010, 14:10
I think he (and his brother) got away with murder.
RIP, SFC Lopez.
TR
I think he (and his brother) got away with murder. TR
Indeed Sir!:mad:
Rest-In-Peace SFC Lopez, You will never be forgotten!
Holly
greenberetTFS
03-31-2010, 14:40
I think he (and his brother) got away with murder.
RIP, SFC Lopez.
TR
Yes they have and the jury forced this situation to develop.............. :( Liberal juries!!!!!!!......:mad::mad:
Big Teddy :munchin