ALBUQUERQUE (KRQE) – William Marchiondo, 63, has 11 DWI arrests and only one conviction.
Some say he’s either really lucky or really connected.
Back in 2009, District Attorney Kari Brandenberg took some heat after dismissing his 9th charge after taking too long to try the case.
There were suspicions he got special treatment because his father is prominent New Mexico Attorney Bill Marchiondo whom Brandenburg has known for years.
After that, Brandenburg sent his son’s next two DWI cases to Sandoval County D.A. Lemuel Martinez to avoid a conflict of interest.
Those DWI charges were also dismissed.
In the latest case from October, William Marchiondo crashed his car near an Albuquerque park.
The criminal complaint says Marchiondo had blood-shot watery eyes, was very unsteady, and smelled like alcohol.
Court records also say an open container of alcohol was visible from the lapel camera video.
He refused Standardized Field Sobriety Tests, but was arrested and then given a breath test.
The breath test results were thrown out because the machine’s certification had expired 20 days earlier.
Sandoval County Assistant District Attorney Barbara Romo says without that the case was shot.
This month they dismissed the DWI charge.
“Bloodshot, watery eyes, stumbling, that’s boilerplate,” she said. “We’ve seen that fact finders in juries, they demand more.”
“There was really not enough evidence to go forward to prove the case beyond a reasonable doubt which is what our standard is, not only under the law, but it’s also our ethical standard,” she said.
Romo says his lack of convictions have nothing to do with his connections.
“I don’t even know who his father is,” Romo said. “My boss, Mr. Martinez, has never told me, advised me or asked me to treat any case any differently based on who anybody is, including this case.”
Neither Marchiondo’s attorney nor his father wanted to talk to KRQE News 13.
Thirteenth Judicial District Attorney Lemuel Martinez’s office would not explain why Marchiando’s 10th DWI was dismissed a week before it was set to go to trial last year.