Desiree Capote, Eduardo Capote's wife, breaks down as she describes the events that led up to a street fight in January 2009 that led to the death of Richard Lopez. Eduardo Capote is charged with felony second-degree assault and one count of misdemeanor third-degree assault, and David Capote is charged with one count of misdemeanor third-degree assault.

Photo by John F. Russell

Desiree Capote, Eduardo Capote's wife, breaks down as she describes the events that led up to a street fight in January 2009 that led to the death of Richard Lopez. Eduardo Capote is charged with felony second-degree assault and one count of misdemeanor third-degree assault, and David Capote is charged with one count of misdemeanor third-degree assault.

Eduardo Capote's wife takes stand this morning

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— The fifth day of witness testimony in the assault trial of brothers Eduardo and David Capote began with emotional testimony from one of the accused men’s wives.

Desiree Capote, Eduardo’s wife, cried several times Monday morning at the Routt County Justice Center as she described the events of Jan. 1, 2009, that ultimately led to Sgt. 1st Class Richard Lopez’s death a couple days later in a Denver hospital.

Eduardo Capote is charged with felony second-degree assault and misdemeanor third-degree assault for his alleged role in the altercation with Lopez and two of his friends in downtown Steamboat Springs. David Capote is charged with misdemeanor third-degree assault. The brothers are being tried together.

On the witness stand Monday, Desiree Capote said that she and Eduardo Capote had dinner at a downtown steak house the night of Jan. 1, 2009, then went to the Tap House Sports Grill to meet David Capote and his girlfriend. The Capotes are from Miami and were vacationing here.

While at the Tap House, Desiree Capote said they began playing music on the jukebox. She said their music selections prompted Michael Wesley Mottlau, one of Lopez’s companions that night, to heckle their choices, leading to a disagreement that later resumed at the corner of Seventh Street and Lincoln Avenue. Michael Wesley Mottlau testified last week that it was the Capotes’ group that began heckling him and his companions for their song choices, including making comments that the Mottlaus were homosexuals.

Desiree Capote’s testimony also varied in other ways from what was presented by previous witnesses in the trial that began last week. Tim Mottlau, Michael Wesley Mottlau and David Capote each said the two groups went out the back of the bar with the intention of fighting after the initial disagreement, but Desiree Capote said she thought her group was simply leaving the bar.

She also said that Tim Mottlau grabbed her by the shoulders during the scuffle at Seventh Street, shook her and “threw her” backward, but that she did not fall. She said she had marks on her arms but did not show them to police because they did not ask. No other witness has mentioned any physical altercation involving Desiree Capote.

When asked why she or another member of the group did not call police in the aftermath of the downtown altercation, Desiree Capote testified that Eduardo Capote Sr., father of David and Eduardo Capote, advised them not to because they were leaving the next day and did not want to press charges.

The trial will continue this afternoon.

Comments

1999 4 years, 10 months ago

crying???? bahahahahahahahaha

I imagine she was laughing the night her husband and BIL killed mr Lopez.

imho....she's as guilty as her husband and BIL.

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seeuski 4 years, 10 months ago

You think do you? I doubt it. Why doesn't everybody just let the justice system take it's course and let the jury do the thinking they are the ones seeing and hearing the evidence and not the armchair quarterbacks with such wise thoughts.

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dogdog 4 years, 10 months ago

So Windle, the paper should only show pictures of people doing...nothing? Are you for real? This is bias and sensational? A man died that night. Over an argument about a song. Nope, no story here. We should just blame the paper for bad reporting on a killing in town. I am sure the police have some blame here too.

No, the accused is not a serial killer. he is only accused of killing one person. So one killing is OK, but more than one is real problem?

More than one victim? Of course, beside the dead man I would count his family and friends as victims. As for the fellow who killed him, or his wife, a victim? Kinda like all those poor victims in prison for hurting other people? Whew! What planet exactly do come from?

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AMiamian 4 years, 10 months ago

It's sad to see how fast people judge others Yes, she was crying, and no, she wasn't laughing, but maybe, seeing how some people could be so sinical, they should be the ones sitting in the witness stand. You have no idea what that family has been and is going through. I just pray to God and I trust in GOD that he will do justirce, and make those jurors understand that this was just simply a self-defense case. Unfortunately, some men from the Navy/Army, etc.'s power goes to their head, they think they can bully others as they please. It is unfortunate as to what happened for both sides. I don't know as to how the Lopez family feels, because I understand he has had no family member representing him in court, but I can tell from the look on the Capote family's face, they are in pain and devasted. Don't be so quick to judge, you never know what's in store for you. God bless!

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kathy foos 4 years, 10 months ago

The weird part is that they just left the scene,without calling for help for the man ,or calling police,after all there was major trouble that had occurred and their only thought was that they did not want to press charges on Lopez ,so they should fly away right away back home like good children that do what their father says is best.Give me a break,when there is a fight the cops need to come in,the bar should have called them sooner before they took it out side.or some one in the group call 911?No they just decided to rumble a little in Colo.So sad,I think that they are the kind of people to hit and run with a car also.Maybe she is crying because the darn fight started over her?Maybe they were all overserved at the bar?They ran from the scene!

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Clearsky 4 years, 10 months ago

Based on the fact that Lopez was found down in the crosswalk tells the whole story! Come on! Capote ran up and punched Lopez! DUHHHH! Do you think Lopez would use the crosswalk to safely cross the street so that he could terrorize this capote thug?

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143peace 4 years, 10 months ago

After reading a few of these absurd comments....I really feel that ignorant people should really educate themselves before they speak or write.

Bul⋅ly: a blustering, quarrelsome, overbearing person who habitually badgers and intimidates smaller or weaker people.

Mur⋅der: The killing of another human being under conditions specifically covered in law. In the U.S., special statutory definitions include murder committed with malice aforethought, characterized by deliberation or premeditation or occurring during the commission of another serious crime, as robbery or arson (first-degree murder), and murder by intent but without deliberation or premeditation (second-degree murder).

Self-de⋅fense: an act or instance of defending or protecting one's own interests, property, ideas, etc., as by argument or strategy.

Serial killer: A person who attacks and kills victims one by one in a series of incidents.

Thug: a cruel or vicious ruffian, robber, or murderer.

*These are the definitions for what some of you have accused or called the Capote brothers. Self Defense is the definition of what really happened that night! Unless you personally know someone I think it is best to reserve your comments. It really saddens me to know that ignorance has taken over and I pray that the jurors do not share the same ridiculous and benign thoughts that I have read today. I also pray for some of you that have so much anger on a situation that truly was a freak accident. It is a true tragedy that Mr. Lopez lost his life, but if he was so innocent along with the Mottlau Brothers then why would they approach the Capote Brothers with their wife and girlfriends instead of just leaving them alone.. The whole "military" title does not make them innocent! Eduardo did not punch Mr. Lopez while he was down nor did he punch him till he felt he did any damage ....he simply felt the need to defend his family and himself from these 3 men and punched Mr. Lopez once. I didn't know that in Steamboat, tourist are suppose to allow to be attacked! Please Steamboat make sure to add that to your tourist guide......and hey if they are military you will even do time! Come on people!!!!!! If the Capote's are guilty and have to serve a jail sentence that it is only right to have the Mottlau brothers serve the same sentence as well. If you read the Capote's left to avoid problems and who went out looking for them...? Yeah, the innocent "military men" that instead of helping and avoiding the situation.....they instigated the fight that led to Mr. Lopez's death. Victims....? I don't think there were any, but instigator's......is obvious!!!!!

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Dopinion 4 years, 10 months ago

1999.....I am disgusted by your response.. You do NOT know who she is. She is a person with a good heart that does NOT deserve ignorant responses such as what you wrote. The capote family are not thugs and the fact that you mentioned that she probably was laughing at what happen gets me so frustrated with people who can not set aside their own ignorance and put themselves in someone else's shoes. Clearsky..."DUHHHH!!!" Thank God that you do not represent the people in the jury because I think the judge would even recognize how immature and naive your response is. It takes two to tangle. this phrase sums up the case. Both sides are guilty however should someone serve a life sentence because of a fight that went wrong. Nobody knows the full details of the case except for the people in that courtroom or the people that have some connection to the people in the courtroom. Lopez death was a loss that both families will have to live with for the rest of their lifes. People need to stop discriminating against other people because I'm sure if you were in this situation (1999 try it) you would not want someone to be writing ignorant response about something that has such a huge effect on your life and can change your life with one decision.

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