ALBUQUERQUE, N.M. (KRQE) – A judge is mulling whether the Bernalillo County District Attorney’s Office can prosecute a Bernalillo County Sheriff’s Office deputy for aggravated assault. Michael Borrecco is accused of pulling a gun on two people at a Circle K on Osuna earlier this year. He was off-duty at the time but authorities believe he was drunk.
Borrecco’s attorney says the DA’s Office should be taken off the case arguing the DA’s history with BCSO as well as the DA being involved in a dismissed drug case against the victim creating a conflict of interest. “The named victim’s case was not refiled, and it appears to essentially be a quid pro quo, which is ‘if you participate in this prosecution, we may not prosecute your case.’ We have no insight into that,” said Defense Attorney Les Romaine.
The state says the assigned prosecutor in Borrecco’s case had no knowledge of the victim’s case. “The DA’s Office in the Second Judicial District is the busiest in the state, and there are multiple occasions where a defendant in one case is also listed as a witness or a victim in another case,” said Prosecutor Joshua Hasyniec.
Judge Joseph Montano is expected to make a decision on Thursday.
