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Trial Of Fight That Killed Soldier Goes To Jury

Defendants Had Argued With Victim Over Songs On Jukebox

POSTED: 5:59 pm MST February 9, 2010
UPDATED: 6:14 pm MST February 9, 2010

An attorney for two brothers on trial for a fight that killed a Fort Bragg, N.C., soldier told jurors they were acting in self-defense.

Attorneys delivered closing arguments Tuesday in the trial of David and Eduardo Capote and jurors began deliberations. The Capotes face assault charges for a Jan. 1, 2009 fight that led to the death of 37-year-old Sgt. 1st Class Richard Lopez. Authorities say Eduardo Capote punched Lopez, who later died from head injuries after falling and hitting his head on the pavement.

Authorities say the Capotes and their friends had argued with Lopez and his friends over songs being played on the jukebox of a downtown bar in Steamboat Springs.

Prosecutors argue the Capotes could not have been acting in self-defense because the victims were leaving the scene of the fight.

Defense attorney Charles Feldmann spent his hour-long closing argument focusing on the conduct of the police and the other group the Capotes fought with — Lopez and Timothy and Michael Wesley “Wes” Mottlau, according to the Steamboat Pilot newspaper.

He described Lopez and the Mottlaus as bullies who were "terrorizing" a family of tourists. Feldmann said the Capote group -- with David, Eduardo, Eduardo’s wife, Desiree Capote, and David Capote’s girlfriend, Karen Rodriguez -- had already "fled" the Mottlaus and Lopez once before, when they left the Tap House Sports Grill after a verbal argument.

Both the defense and prosecution measured out distances in the courtroom to demonstrate how far apart they say the two groups were before Eduardo Capote and Lopez got into the fight.

Deputy District Attorney Rusty Prindle urged jurors to use common sense in judging the case. He said that although there is no video of the incident -- a cell phone video reportedly taken was not used as evidence and was described as unclear -- jurors should take the "puzzle pieces" of the night and use them to draw reasonable conclusions.

Prindle said self-defense is not a reasonable argument because Eduardo Capote did not feel he had to defend himself when the two groups were 4 to 6 feet from each other, but he did decide to go about 24 feet out into the street after the Mottlaus and Lopez were leaving the scene.

"Ask yourself what’s logical, what makes sense," Prindle told the jurors.

Eduardo Capote is charged with second-degree assault and third-degree assault. Second-degree assault a felony punishable by a fine of $1,000 to $100,000 and two to six years in jail. David Capote is charged with third-degree assault, a misdemeanor punishable by a fine of $500 to $5,000 and six to 18 months in jail.

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