Man to be sentenced as adult in hit-and-run death committed as a teen

A judge ruled Monday that Cesar Lozano Chavez will be sentenced as an adult to up to 15 years in prison in the hit-and-run death of a man at an Albuquerque skate park.

Second Judicial District Judge Cindy Leos ruled that Chavez, 21, is not amenable to treatment as a juvenile even though he was 17 at the time of the fatal incident, the 2nd Judicial District Attorney's Office said.

A jury convicted Chavez in December 2023 of second-degree murder in the death of 27-year-old Davon Frydrych, who was fatally struck by a vehicle Aug. 2, 2020, at Los Altos Skate Park, near Lomas and Eubank NE.

But the 2nd Judicial District Court jury acquitted Chavez of first-degree murder in Frydrych's death and two counts of assault for allegedly pointing a knife at two people the same evening.

Chavez is scheduled for sentencing on Aug. 5.

Albuquerque police responded about 11:45 p.m. to Los Altos Skate Park, near Lomas and Eubank NE, and found Frydrych injured in a parking area, according to a complaint filed in Metropolitan Court. Frydrych died in a hospital the next day.

Witnesses told detectives that Chavez had been drinking at the skate park before fighting and threatening others with a knife, according to a criminal complaint filed in Metropolitan Court.

One witness described Frydrych as a skate park regular who would “try to keep peace,” and helped break up the fight. Frydrych then walked Chavez to his vehicle where the two shook hands, the witness said.

Prosecutors alleged that Chavez, who was 17 at the time, then got into a fist fight that was broken up by Frydrych, according to a pretrial detention motion.

Chavez got into his car and drove at Frydrych, the motion said. Chavez missed Frydrych, but then turned around and struck Frydrych, it said.

Chavez was arrested in December 2020 in the Salt Lake City area, the complaint said.