Richard Lopez’s ex-wife, Shannon Boahn, said this photo of Lopez and his son, Nicholas, was taken the day before Lopez was knocked unconscious after a downtown Steamboat Springs fight. Lopez later died of his injuries, and his family is now seeking civil damages from Eduardo Capote, the man accused of punching Lopez.

Shannon Boahn/Courtesy Photo

Richard Lopez’s ex-wife, Shannon Boahn, said this photo of Lopez and his son, Nicholas, was taken the day before Lopez was knocked unconscious after a downtown Steamboat Springs fight. Lopez later died of his injuries, and his family is now seeking civil damages from Eduardo Capote, the man accused of punching Lopez.

Lopez family seeks damages

Lawyer: Claim to Eduardo Capote’s insurance could bring $300K for son

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— The son of Richard Lopez is seeking civil damages from Eduardo Capote as Capote’s criminal case could reach a conclusion this week. Capote was charged with assault in connection with the 2009 fight in downtown Steamboat Springs that led to Lopez’s death.

A jury found Capote not guilty of assault on Lopez’s friends, but jurors deadlocked on the most serious charge of second-degree assault. The jury also found David Capote, Eduardo’s brother, not guilty of assault.

Eduardo Capote is scheduled to appear in court at 2 p.m. Friday to plead guilty to a lesser charge of manslaughter in a deal to avoid another trial.

Lopez’s son, Nicholas, was with his father in Steamboat on vacation in early 2009 but was staying at a friend’s house on Jan. 1, the night of the fight.

Shannon Boahn, Lopez’s ex-wife, said she and Lopez had joint custody of Nicholas, who was 16 at the time of the incident. She hired Golden-based attorney Zach McFarland, who said he hopes to resolve the case before it goes to trial by first making demands of Eduardo Capote’s insurance company. McFarland said he’s been researching Eduardo Capote’s homeowner’s insurance and thinks it has $300,000 of coverage that could be used to pay for economic and noneconomic damages.

“That would be the maximum, unless Mr. Capote contributed to it personally,” McFarland said.

Boahn, who was married to Lopez for eight years until their divorce in 1999, said she has been the intermediary in the case because Nicholas won’t be 18 for several months.

“Our son is now about to graduate high school and is so saddened that his father is not on this earth to experience that accomplishment nor any other accomplishment or event that will happen throughout his life,” she wrote in an e-mail.

Steamboat-based lawyer Charles Feldmann, whose firm defended both Capote brothers in the criminal trial, said he would represent Eduardo Capote in the civil matter.

No documents have been filed in court in the civil matter.

— To reach Zach Fridell, call 871-4208 or e-mail zfridell@steamboatpilot.com

Comments

beverly lemons 4 years ago

Good Luck with the civil suite. Hopefully, damages will be awarded, although they won't make up for the loss of a decent, hardworking father and friend, it will bring some kind of justice and closure to Mr. Lopez's premature and pointless death.

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kathy foos 4 years ago

I agree with baddove ,Im so sorry for the loss of his father.To go without your dad alot because he is serving in the military,and then have this happen,god bless him and give him the strength to forgive,so he doesnt become a bitter person.Its alot to forgive,but if justice can be served it makes it easier.Mr. Lopez would want his son to be happy.I believe we all see our lost loved ones again,we should just try to carry on like they would like ,untill that time comes.Congradulations to this young man who overcame this to graduate,he is a real champion!

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Fred Duckels 4 years ago

This whole thing makes me very angry. Law and justice unfortunately seldom, coincide.

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bandmama 4 years ago

No matter the moments leading up to it, that badly timed punch killed a daddy. The least the Capotes would do is humble themselves enough to help the poor kid who lost his dad. Plea Bargain? Admitting guilt or a way to avoid paying for the act that got them there? Be a "man" and dont make the kid go through a civil trial. A very poor choice in actions led to this, and sometimes one has to accept they made a bad decision.

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Sara Gleason 4 years ago

Nick-

I just want to let you know that I met your father here in Steamboat through the Mottlaus and I thought he was a pretty awesome guy. What a great picture of you two-I can definately see him in you! I apologize for the entire community that this has been the place of such a personal tragedy for you, but I can tell you that no matter what has been said about your dad, we have a sincere regret for the loss of your father. You have to know that we all stand behind your dad's service to his country and his dedication to you. I just wanted to let you know that even though I never knew your father very well at all, the minutes I spoke with him stuck in my mind. I pray for you often and I know that you are blessed by knowing such a patriotic, brave, and (from what I know) honorable man.

Sara Gleason

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