STEAMBOAT SPRINGS, Colo.—A judge says a woman can testify in the trial of her husband, who is accused in a deadly bar fight with a Fort Bragg soldier over the song selection on a bar’s jukebox.
A Routt County judge issued the ruling Monday during a hearing for Eduardo Capote Jr., who was trying to prevent his wife from testifying by invoking the marital privilege law.
Capote is accused of punching Sgt. 1st Class Richard Lopez outside a downtown Steamboat Springs bar on January 2009. Police say the 37-year-old solider died after falling and hitting his head on the pavement.
Police say Capote and his friends had argued with Lopez and his friends over songs being played on the jukebox.
Capote faces charges of felony second-degree assault and third-degree assault. His trial begins Feb. 1.
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Information from: Steamboat Pilot & Today,
