Home

Steamboat Springs — A hearing for David Capote, one of two Miami men charged in connection with the January fight that led to the death of Sgt. 1st Class Richard Lopez, was delayed Wednesday.

Routt County Judge James Garrecht delayed the hearing to allow Capote and his attorney, Charles Feldmann, to decide whether to comply with 14th Judicial District Attorney Elizabeth Oldham's motion to combine the case with the one against Capote's brother, Eduardo.

David Capote's case was continued June 24 to allow his attorney more time to review evidence.

He is charged with two counts of misdemeanor third-degree assault for his role in the Jan. 2 altercation at Seventh Street and Lincoln Avenue in downtown Steamboat Springs. David Capote is not implicated in Lopez's death but was accused of fighting with Lopez's two friends.

Eduardo Capote is charged with felony second-degree assault and two counts of misdemeanor third-degree assault for his role in the altercation.

An arrest warrant accuses Eduardo Capote of punching Lopez in the face, which caused him to fall and hit his head on the pavement during the altercation. According to the warrant, witnesses told police the Capotes instigated the fight and that neither Lopez nor his friends fought back.

Lopez died Jan. 5 at a Denver hospital of severe head and brain trauma.

The altercation stemmed from the two groups' earlier disagreement about song selection on a restaurant jukebox, according to police.

After leaving the restaurant, the groups crossed paths at Seventh Street and Lincoln Avenue. Witnesses said the men yelled at one another before Eduardo Capote rushed at Lopez and hit him in the face, knocking him to the ground.

Oldham said combining the cases would be more convenient because they occurred in the same incident and involved similar evidence and many of the same witnesses, some who are serving in the military overseas. She said it didn't make much sense to hold two separate jury trials that could last five days or more.

Feldmann disagreed. He said, "the evidence from our perspective is drastically different."

He said David Capote was prepared Wednesday to enter a not guilty plea and get a trial date set. But he'll have to wait until 8:30 a.m. Aug. 7. Eduardo Capote appears at 8:45 a.m. the same day in district court.

Anderson burglary case moved to district court

The Steamboat Springs man accused in the robbery attempt at Double Z Bar & BBQ waived his right to a preliminary hearing Wednesday in Routt County Court.

The case against 20-year-old Cory Anderson, who was charged with second-degree burglary and misdemeanor theft, was moved to the 14th Judicial District Court, which hears felony cases in Routt County.

According to Anderson's arrest warrant, a restaurant employee interrupted an attempted burglary at 4:40 a.m. June 19. The employee called police and the person fled. Two cases of beer were on the ground outside the restaurant, but nothing else was taken, and there was no damage to the restaurant.

Officers contacted Anderson the next day on an unrelated call and matched his description with the one given by the Double Z employee, who later picked Anderson out of a lineup, the arrest warrant stated.

Anderson's arraignment is set for 1 p.m. Sept. 1 in district court.