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/2...oldiers_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

Quote:

Originally Posted by Bill Harsey

From Steamboat Springs, http://www.steamboatpilot.com/news/2...oldiers_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

echoes · 03-24-2009, 07:10

After reading the entire article, and the independent witness statements that none of the men attacked fought back, this below statement gets me steamed!

"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

Saoirse · 03-25-2009, 11:11

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/2...ugher_charges/

cornelyj · 03-25-2009, 12:07

Quote:

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.

Richard · 03-26-2009, 09:00

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

**Bill Harsey** · 03-28-2009, 09:32

Quote:

Originally Posted by cornelyj

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

echoes · 03-28-2009, 13:29

Quote:

Originally Posted by Firebeef

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!

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/2...fends_charges/

I sure hope this DA is tough enough to get her job done.