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Gang member sentenced to 45 years for killing man during morning walk in Denver park

Plea deal reached in Jose Frias-Olivas cold case
Plea deal reached in Jose Frias-Olivas cold case 00:20

Almost eight years ago, a 61-year-old man who was visiting family in Denver decided to take a morning walk. He crossed paths, unfortunately, with an alleged gang member who spontaneously chose to rob him. 

That alleged gang member, Nicholas Lujan, was sentenced Friday to 45 years in the Colorado Department of Corrections. 

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Nicholas Lujan Denver District Attorney's Office

Jose Frias-Olivas left his daughter's home on August 15, 2015, for a late morning walk through Harvard Gulch Park West near Vassar Avenue and South Federal Boulevard. 

According to details in Lujan's arrest affidavit, Lujan was walking through the park as well with three other males. One of them later told detectives that Lujan said, "Let's rob him."

The group approached Frias-Olivas and surrounded him. Lujan began touching the older man's pockets. Frias-Olivas turned and ran from the group.

Lujan took a .22 caliber handgun from his waistband and shot Frias-Olivas in the back of the head as the man fled. The bullet exited his right eye, per the autopsy report. 

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Jose Frias-Olivas Denver Police Department

Witnesses later told police they heard two or three gunshots and saw four people fleeing eastbound from the park. One witness said the last of the four was a young man with a facial tattoo he described as a claw mark. It resembled a "Monster Energy" logo, he said.    

Beyond that, however, the witnesses failed to cooperate with investigators. Some admitted being intimidated by the suspects' appearance.

Lujan was arrested two months later, one of four people inside a stolen vehicle who were taken into custody by Denver PD officers following a robbery. He was eventually convicted and sentenced to the prison for his role in that crime. 

But the murder case grew stale.

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In 2017, an anonymous tip was phoned in to detectives. 

"Look I'm scared as hell to give this information, obviously, because it's a murder committed by a gang member," the message stated, according to the affidavit. "I overheard a conversation."

The caller identified Lujan by name, also using his gang name and affiliation. 

"(Lujan) said he killed that old man," it continued. "He was supposed to rob him but decided to kill him instead. He laughed and said he got away with murder and has killed and will kill again." 

After that tip, Denver investigators obtained the results of a forensic examination of a cell phone that was found inside a car used in a Northglenn robbery. That phone turned out to be Lujan's. From the photos, phone calls and text messages inside it, investigators identified the other three men they believed to be involved in the murder. 

Investigators obtained interviews with ease - all three were already in custody for other crimes, according to the arrest affidavit. They all pointed to Lujan as the triggerman. 

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Nicholas Lujan's DOC profile. Colorado Department of Corrections

Lujan, serving time in the Colorado State Penitentiary in Cañon City, refused to be interviewed. The date was April 23, 2019. 

Fast-forward nearly four years, to this past March, to when Lujan pleaded guilty to 2nd Degree Murder.

"This was a horrific murder and I am very proud of our Cold Case Unit and that of the Denver Police Department for working long and hard to get justice for Mr. Frias-Olivas," said Denver DA Beth McCann.   

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