STEAMBOAT SPRINGS, Colo.—A man accused in a fight that killed a Fort Bragg, N.C. soldier after a bar argument will be tried again because jurors failed to reach a consensus on one of the charges.
Brothers David and Eduardo Capote were acquitted on a third-degree assault charge Wednesday but jurors were deadlocked on a second-degree assault charge against Eduardo Capote. Prosecutors say Eduardo Capote punched 37-year-old Sgt. 1st Class Richard Lopez, causing him to fall and hit his head on the pavement outside a downtown Steamboat Springs bar.
A May retrial is scheduled for Eduardo Capote.
Authorities say the Capotes and their friends had argued with Lopez and his friends over the song “Margaritaville” being played on the jukebox on January 2009. Police say the groups then fought outside the bar.
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Information from: Steamboat Pilot & Today,
