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Steamboat Springs — As Steamboat Springs police and 14th Judicial District Attorney's Office investigators continue to track down witnesses of an altercation that led to the death of Sgt. 1st Class Richard Lopez, attention is being given to the legal differences among the various charges the suspects in the case ultimately could face.

Steamboat Springs police Capt. Joel Rae has said investigators are considering charges for the two unnamed suspects ranging from second-degree murder to second-degree assault.

Without commenting about the specifics of the Lopez case, incoming District Attorney Elizabeth Oldham shed some light on the legal differences between some of the possible charges. Oldham will be sworn in Thursday, replacing retiring District Attorney Bonnie Roesink.

In the case of second-degree murder charges - the most serious charge being considered by investigators - prosecutors would have to prove that the suspects "knowingly" caused Lopez's death.

"You're aware that your conduct is practically certain to cause that death," Oldham explained Friday.

Second-degree murder is typically punishable by eight to 24 years in prison.

The lesser charge of manslaughter differs from second-degree murder in that the accused "recklessly," rather than "knowingly," caused a death, according to the Colorado Revised Statutes.

The court's definition of "reckless" differs from how most people use the word, From a legal standpoint, Oldham said reckless is defined as "consciously disregarding a substantial and unjustifiable risk that a result will occur."

In the Lopez case, for example, that result would be the victim's eventual death. To prove a manslaughter case, prosecutors would have to demonstrate that the suspects knew the victim's death was a risk of their conduct and that they disregarded that risk, Oldham said.

Under most circumstances, manslaughter and second-degree assault are sentenced as Class 4 felonies, meaning someone convicted of either crime faces two to six years in prison.

Second-degree assault is defined in the Colorado Revised Statutes as intending to cause bodily injury and doing so with a deadly weapon.

"What we'd have to prove for bodily injury is pain," Oldham said, noting that the threshold for bodily injury can be as low as a bruise or a red mark from a slap.

First-degree assault, a Class 3 felony punishable by four to 12 years in prison, is defined as intending to and causing serious bodily injury. Serious bodily injury can involve a substantial risk of death, permanent injury, disfigurement, loss of a bodily function and broken bones, Oldham said.

Lopez died of severe head and brain trauma Monday in a Denver hospital, three days after getting into an altercation with two men. The dispute began because of a jukebox song selection at The Tap House, and it became physical when the men left the restaurant and bar.

Lopez was found unconscious at about 12:15 a.m. Jan. 2 at Seventh Street and Lincoln Avenue. He was taken to Yampa Valley Medical Center and later was airlifted to Denver Health Medical Center.

Police have declined to identify the two suspects in the case or release any information about them except that they are not from the area, that they returned home after the incident and that they have hired lawyers. They were not arrested and have not been charged with any crime. Police have interviewed the men and have been in contact with their attorneys.

Preliminary autopsy results from the Arapahoe County coroner's office showed Lopez took two hits - one to the face and one to the jaw - but the most serious blow was from falling backward and hitting his head on the pavement.

Police still are looking for what Rae described as a "key witness." The man police are looking for walked between Lopez and his friends and the two suspects at about 12:10 a.m. Jan. 2. The man is described as white and wearing a red baseball cap.

Anyone with information about the incident is asked to call the Steamboat Springs Police Department at 879-4344 or CrimeStoppers at 879-6226.

- To reach Melinda Dudley, call 871-4203

or e-mail mdudley@steamboatpilot.com