Two Albuquerque brothers could spend several years in prison after allegedly beating up a driver following a brief car chase earlier this month.
On the night of April 2, Estevan Chavez, 20, was driving a Dodge Challenger when he and his 18-year-old brother Joshua Chavez tried to entice the driver of a silver Ford Mustang to race. As the two drivers met inside the Walmart parking lot, the Mustang’s door hit the Challenger.
The driver of the Mustang said it was an accident, but he immediately drove away after noticing Estevan becoming angry.
Estevan then took a tan Glock 19x, 9mm handgun with an extended magazine out of his glove box, pumped a round into the chamber and started going after the Mustang, Estevan later told Rio Rancho police officers.
During the pursuit, he pointed a green laser from the Glock toward the car. The driver of the Mustang, attempting to drive away, turned right off of Unser Boulevard between Dutch Bros. Coffee and Taco Cabana when he lost control and crashed.
Video surveillance from Dutch Bros showed that Joshua pulled the driver out of the passenger side window when Estevan, on the driver’s side of the Mustang, punched the victim. Once the victim got out of the car, Estevan then kicked him in the head, according to a criminal complaint.
Estevan told officers he only punched him once.
A passenger in the Mustang tried to protect the victim when Joshua elbowed her and grabbed her arms.
The victim, who had a red face and neck along with a red welt on his right cheekbone, was taken to Presbyterian Rust Medical Center.
Estevan did not have “any noticeable injuries” and refused to be evaluated by emergency medical technicians. Joshua was not hurt and also did not want to be looked at by EMTs.
The next day, the victim told officers he had two black eyes, a concussion, and was not able to close his jaw all the way and had to eat soft food. The passenger received bruises on her lip and arms, the complaint states.
An initial appearance for Estevan Chavez and Joshua Chavez has been scheduled for 1 p.m. April 25.
Estevan could face the following charges: aggravated burglary (commits battery), second-degree felony; aggravated assault (deadly weapon), fourth-degree felony; conspiracy to commit aggravated battery (commits battery), fourth-degree felony; conspiracy to commit aggravated burglary (commits battery), three-degree felony; and conspiracy to commit aggravated battery (great bodily harm), fourth-degree felony.
Joshua may be charged with aggravated battery (great bodily harm), third-degree felony; conspiracy to commit aggravated burglary (commits battery), third-degree felony; and conspiracy to commit aggravated burglary (great bodily harm), fourth-degree felony.
If convicted, Estevan could face up to 16.5 years in prison and a $30,000 fine, while Joshua could get 7.5 years and pay a $15,000 fine.
